Moreno v. State

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 in this case.

The contested issues of fact were whether the State’s evidence was lawfully obtained1 and whether the appellant was intoxicated. Police officers testified that on…