Rule 609 states or of the release of the witness from the confinement imposed for that conviction. Does Release mean actual release from prison, or discharge from prison and parole. I think it is the former, but if that is the case my conviction is more than 10 years.

TRE 609(b) provides that 10 years runs from date of conviction OR release whichever is later. Courts have held parole confinement for purposes of this rule. See Brown v. State, 2001 Tex. App. LEXIS 6741 (Tex. App., 2001).

[This message was edited by Jim Young on 02-15-05 at .]

For valuable guidance on 609 TRE, see: Theus v State, 845 S.W.2d 874 (Tex.Crim.App.- 1992).

And watch out for "Theus motions" filed by defense attorneys that offer a "tortured interpretation" of that case.

ECHOING GREG'S POST ABOUT TORTURED READING OF THEUS. THE DEFENSE LIKES TO MENTION THEUS AND NOT TELL THE COURT THAT THE FACTS WERE UNIQUE AND THAT THE ERROR WAS ULTIMATELY HARMLESS AT THEUS V STATE 874 S.W.2D 121

Phil and Geg are right. Many defense attorneys read and present Theus as having supplanted or obliterated 609 TRE.