Defendant committed theft pursuant to scheme and continuing course of conduct over a period of several years. We have alleged in the indictment the names of 5 victims of the thefts. There were, however, 10 different victims.

Under 31.03(c)(1)- We get to introduce evidence of the other thefts because they show knowledge or intent.

Do we have to provide a 404B notice for those other crimes, or is it trumped by 31.03(c)?

I usually try to disclose under all circumstances. For example, stating that this information will be sought to be admitted under 31.03(C)(1) but ALTERNATIVELY the State will seek to admit under 404(b).

I agree with Greg. I like to put everything in the 4.04B notice. More than one attorney has told me that the defendant changed their mind and accepted the plea after looking at my work.

While 31.03 makes those other transactions admissible, 404 still requires that you give notice that you intend to introduce them, which is two different things. In other words, the defense might concede that the extraneous offenses are admissible under 31.03, but still object that you failed to provide the required notice of intent to introduce them. You will be much better off including them in a 404 notice if you still have time.