Legal Opinion

Mooney v. State

District Court of Appeal of Florida

Decided March 11, 2005No. 1D04-1211Published

1Per curiam

Appellant seeks review of a conviction and sentence for driving under the influence (DUI), her fourth or subsequent violation. She argues that the trial court abused its discretion in admitting evidence of her three previous DUI convictions after finding that appellant “opened the door” to the admission. We agree and, therefore, reverse appellant’s judgment and sentence and remand for a new trial.

A testifying defendant may “open the door” to otherwise inadmissible evidence of prior offenses by offering (1) a trait of the defendant’s good character or (2) misleading or inaccurate testimony.…

2Cases cited2 opinions

  1. Bozeman v. StateDistrict Court of Appeal of Florida · 1997
  2. Fiddemon v. StateDistrict Court of Appeal of Florida · 2003

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