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HERNANDEZ v. STATE

No. 1361-98.

980 S.W.2d 652 (1998)

Roy Valdez HERNANDEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

November 18, 1998.

Attorney(s) appearing for the Case

Randy McDonald, Houston, for appellant.

Rikke Burke Graber, Assist. DA, Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

Prior report: Tex.App., 976 S.W.2d 753.

State's petition for discretionary review refused.

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...

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