Hoffman v. State

18 So. 3d 659, 2009 Fla. App. LEXIS 12957, 2009 WL 2827968

Opinion

PER CURIAM.

AFFIRMED. See Gonzalez v. State, 948 So.2d 877, 878 (Fla. 4th DCA 2007) (holding that non-testifying defendant who brings out his or her own exculpatory statements through another witness runs risk of having statements impeached by felony convictions); see also 5 Jack B. Weinstein & Margaret A. Berger, Wein-stein’s Federal Evidence § 806.04(2)(b) (Joseph M. McLaughlin ed., 2d ed. 2002) (“A defendant who chooses not to testify but who succeeds in getting his ... own exculpatory statements into evidence runs the risk of having those statements impeached by felony convictions

PALMER, ORFINGER and JACOBUS, JJ., concur.