Stewart v. State

OPINION

MORRISON, Judge.

The offense is the unlawful sale of marihuana; punishment, set by the court, seven (7) years.

Appellant raises only one ground of error, complaining that the trial court erred in allowing the State to impeach appellant with a prior felony conviction because it was too remote.

In determining the question of remoteness, the date of appellant’s release from confinement controls rather than the date of conviction. Couch v. State, 158 Tex.Cr.R. 292, 255 S.W.2d 223; Williams v. State, Tex.Cr.App., 449 S.W.2d 264. Testimony was elicited from appellant that he was convicted of…