Background

• Appellant Wesley Dotson was convicted of Aggravated Assault of a Public Servant and sentenced to 50 years’ confinement and a $10,000 fine; judgment affirmed on direct appeal, then vacated/remanded by the Texas Court of Criminal Appeals after a PDR.
• The State impeached defense witness German Rodriguez with three prior felonies (1984 attempted murder, 1986 aggravated assault, 1999 aggravated assault on a public servant) during cross-examination.
• The trial court admitted the priors primarily under the tacking doctrine, without a proper Rule 609(a)/(b) balancing on the record.
• Rule 609(b) bars more than ten years elapsing since release unless the court finds the probative value substantially outweighed by prejudice; Meadows v. State (2015) holding supersedes tacking.
• Defense witnesses Rice and Cason corroborated portions of Rodriguez’s testimony; the State emphasized the priors in closing argument.
• The admission of Rodriguez’s priors was argued to be harmless or cumulative, but the court held it substantially influenced the jury, warranting reversal.

Issues

Key Cases Cited

• Meadows v. State, 455 S.W.3d 166 (Tex. Crim. App. 2015) (reaffirmed Rule 609(b) supremacy over tacking; analyzes probative value vs prejudice)
• Theus v. State, 845 S.W.2d 874 (Tex. Crim. App. 1992) (multifactor approach to probative value and prejudice in 609 contexts)
• Hankins v. State, 180 S.W.3d 177 (Tex. App.—Austin 2005) (an abuse of discretion if remoteness and factors weigh against admission)
• Dale v. State, 90 S.W.3d 826 (Tex. App.—San Antonio 2002) (criteria for admissibility of prior convictions; remoteness considerations)
• Leyba v. State, 416 S.W.3d 563 (Tex. App.—Houston [14th Dist.] 2013) (discusses Theus factors and Rule 609 interplay)