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18 So. 3d 659

Hoffman v. State

District Court of Appeal of Florida

Decided September 4, 2009

District Court of Appeal of Florida · decided 2009-09-04

Relies on 948 So. 2d 877 - Gonzalez v. State

Decided 2009-09-04

PER CURIAM.

¶1AFFIRMED. 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 *660the risk of having those statements impeached by felony convictions

PALMER, ORFINGER and JACOBUS, JJ., concur.
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