dissenting.
In support of a motion in limine an assistant district attorney represented to the trial court that the principal witness for the State, John Torino, was in the Federal Witness Protection Program prior to January 1982 and again beginning in February or March 1983. The El Paso Court of Appeals found that the State “averred that_To-rino was in the federal witness protection program prior to and after the instant offense (Torino was in the program prior to January, 1982, and after March, 1983; the offense took place in December, 1982)....” Castle v. State (No. 08-84-00321, delivered September 24, 1986), Slip Opinion, at 2. Yet, we now know from his own testimony that Torino was not in the program prior to January 1982.
The assistant district attorney particularized just what the State sought by its motion in limine, viz:
“We just want to put a block FROM January of ’82 to some time in February or March of 1983 as to going into his occupation, his whereabouts, his names.” 1
The Court of Appeals construed that to mean that “cross-examination should be limited to the period between Torino’s participation in the program — cross-examination into background only being allowed from January, 1982 to March, 1983.” Castle v. State, supra, Slip Opinion, at 2. However, my reading of the State’s request is that it does not embrace a period of time “PRIOR” to January 1982. Rather, it requests an instruction that appellant *234not cross-examine Torino as to his occupation, whereabouts and names during the period from January 1982 until March 1983.
So on what basis did the judge rule that appellant would be precluded from any inquiry as to any matter PRIOR to January 1982? In its brief, at page 4, the State quotes one ruling: “You’re restricted on the current aliases, plus aliases prior to January of ’82.” The State also adds, “Apparently the trial court also restricted cross-examination on matters that would lead to current identity.” Ibid. In his opinion for the Court, Presiding Judge Onion says the ruling was limited to aliases, Slip Opinion, at 3; Judge Duncan says “identity or aliases,” and points out that appellant did not question Torino “as to his identity, or whereabouts prior to 1982,” Dissenting Slip Opinion, at 1.
In my view the trial court ruled out matters dehors the State’s motion, on an erroneous assumption based on a faulty representation by the assistant district attorney that Torino was in the Federal Witness Protection Program before January 1982.2 If he were not in the program there is no reason at all to deny the right of appellant to crossexamine Torino as to proper matters in being before January 1982.
In any event, the factual basis on which the El Paso Court of Appeals made its decision is shown to be incorrect. I would vacate its judgment and remand the cause to that court for reconsideration of appellant’s first point of error. Because the majority does not, I respectfully dissent.
. All emphasis is mine throughout unless otherwise noted.
. That is not to say the assistant district attorney acted with any intent to deceive or to be unfair; however, that he "had only been assigned to the case 10 days at the time” is neither justification nor excuse, as the majority seems to suggest at page 4, note 3. It is clear that he had interviewed Torino in preparation for trial; more likely that Torino had worked in the past as an informant for the FBI and DEA led the prosecutor to conclude that he was formerly also in the program. But the crucial point is that both trial judge and El Paso Court of Appeals understood and believed Torino had been in the program prior to January 1982.