Opinion
No. 5D08-2896.
September 4, 2009. Rehearing Denied October 9, 2009.
Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge.
James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
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, Weinstein'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.