MOONEY v. STATE

No. 1D04-1211.

898 So.2d 1030 (2005)

Sheila MOONEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 11, 2005.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Tallahassee, for appellant.

Charlie Crist, Attorney General, and Elizabeth F. Duffy, Assistant Attorney General, Tallahassee, for appellee.


PER 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...

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