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MORENO v. STATE

No. 0710-97.

22 S.W.3d 482 (1999)

Ricardo MORENO, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 8, 1999.

Attorney(s) appearing for the Case

Robert G. Turner, Houston, for appellant.

William J. Delmore, III, Assist. DA, Houston, Betty Marshall, Assist. State's Atty., Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which MEYERS, PRICE, HOLLAND, JOHNSON, and KEASLER, JJ., joined.

When the appellant testified at his jury trial for misdemeanor DWI, the trial court permitted the State to impeach him with evidence that he was on felony community supervision and could be sent to prison if he were convicted of DWI. We agree with the Court of Appeals, albeit for somewhat different reasons, that the trial court abused its discretion...

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