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HAYWARD v. STATE

No. 2D09-5198.

59 So.3d 303 (2011)

Jason Lee HAYWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Alisa Smith , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers , Assistant Attorney General, Tampa, for Appellee.

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...

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