Ellis v. State

Phipps, Presiding Judge.

A jury found James Ellis III guilty of driving with an unlawful blood alcohol concentration. Ellis argues on appeal that the court erred in failing to grant a mistrial after the state injected evidence that authorized the jury to find that he previously had been convicted of DUI, which he contends impermissibly impugned his character. We find no error and affirm.

The evidence showed that around 11:00 p.m. on January 11, 2008, Ellis was driving his car and stopped at a police checkpoint. The officer at the checkpoint smelled alcohol on Ellis’s breath, and Ellis stated…