Hayward v. State

CASANUEVA, Chief Judge.

The State tried Jason Lee Hayward on a single count of felony driving under the influence for an offense allegedly committed in 2008. Mr. Hayward took the stand in his own defense and explained why he refused to take a breath alcohol test. The State argued, and the trial court agreed, that Mr. Hayward’s comments “opened the door” to impeachment with evidence of a prior unrelated conviction for driving under the influence. Because Mr. Hayward’s comments did not open the door and there was no legal basis to introduce prior crime evidence, we reverse Mr. Hayward’s judgment…