Rutledge v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

This is an appeal from a 1984 conviction for aggravated kidnapping. Appellant pled guilty before the jury who assessed punishment at life imprisonment. The sufficiency of the evidence is not challenged.

On direct appeal, appellant contested the impeachment of a witness with “have you heard” questions. The Dallas Court of Appeals, in a 2-1, published opinion, affirmed the conviction. The court, solely relying on Livingston v. State, 589 S.W.2d 395 (Tex. Cr.App.1979), found that the witness was not a reputation witness, but a…