Court of Criminal Appeals of Texas November 18, 1998, No. 1361-98 (Hernandez v. State)

lead-opinion

WOMACK, Judge,

concurring, statement respecting the refusal of discretionary review.

We have chosen not to review the decision below that Texas Rule of Evidence 609(b) was violated. In my view, our choice is correct because this is not a Rule 609 case.

The subject of Rule 609 is “attacking the credibility of a witness [with] evidence that he has been convicted of a crime ...