State v. Amburgey

The primary issue in this action is whether the trial court abused its discretion when it prevented defense counsel from developing the underlying facts of the alleged victim’s conviction for grand theft. We hold in the negative and reverse the decision of the court of appeals.

Evid. R. 609, entitled Impeachment by Evidence of Conviction of Crime, provides in pertinent part:

“(A) General Rule. For the purpose of attacking the credibility of a witness, evidence that-he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination…