A Testifying Defendant May Be Impeached by a Conviction That Occurred After the Charged Offense

State v. Souder, Minn.Ct.App., 9/25/2017.  The state charged Ms. Souder with criminal damage to property.  She testified.  The trial court permitted the state to impeach Ms. Souder under Evidence Rule 609 with a conviction (and its underlying conduct) that had occurred after her charged offense.  Here's what the pertinent part of the rule says:

For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect, or (2) involved dishonesty or false statement, regardless of the punishment.

Does the phrase "has been convicted of a crime" refer only to convictions that occurred prior to the charged offense, or is its sweep broader to include convictions that occurred before the testimony being impeached?  Ms. Souder pointed out that in State v. Ihnot, 575 N.W.2d 581 (Minn. 1998) the court said that the ten year calculation ends on the date of the current charged offense.  On the other hand, the rule makes no distinction between a defendant witness and all other witnesses.  Ms. Souder's interpretation would suggest that the rule applies differently to these categories of witnesses which the court saw no reason to do.  So, Rule 609 does not preclude evidence of a criminal defendant's conviction from being admitted to impeach simply because the conviction and underlying offense occurred after the defendant's charged offense.