Hernandez v. State

I agree with Justice Hedges’s opinion. I write only to respond to Justice Taft’s opinion.

Justice Taft agrees that the trial court erred by admitting the remote felony conviction. He criticizes the rule that only misdemeanors of moral turpitude can revitalize remote felony convictions. He contends the proper approach is that in Theus v. State, 845 S.W.2d 874 (Tex.Crim.App.1992).

Theus reached the same result as Justice Hedges’s opinion; it reversed a judgment because a felony conviction was erroneously admitted and caused harm. Id. at 881-82. But Theus says nothing about the issue before us,…