Texas Court of Appeals, 1st District (Houston) January 14, 2004, 01-01-01237-CR (Deleon v. State)

EVELYN V. KEYES,

Justice, concurring.

I respectfully concur in the judgment only. The trial court instructed the jury that it could consider appellant’s prior convictions only to determine appellant’s credibility or intent, or to rebut appellant’s defensive theory. Appellant preserved error based on Rule 609,1 but did not preserve error regarding admissibility pursuant to Rule 404(b).