Bowley v. State

OPINION

in which KELLER, P.J., WOMACK, HERVEY, and COCHRAN, JJ., joined.

At trial, the judge refused to give an instruction to disregard after sustaining Bowley’s objection to the prosecutor’s question about plea negotiations. The Seventh Court of Appeals concluded that the judge erred by not giving the instruction and reversed.1 We hold that no instruction was required because Bowley’s testimony opened the door to the prosecutor’s question. We therefore reverse the court of appeals’s judgment.

Facts

A jury convicted Bowley of DWI, enhanced by two prior DWI convictions to a third-degree felony.2…