STATE OF FLORIDA, APPELLANT,

v.

KENNETH WAYNE THARP, APPELLEE

Citator

Cited By

• Sylvester v. State, 770 So. 2d 249 (Fla. 5th DCA 2000)
  …e beyond a reasonable doubt that Sylvester had the prior convictions necessary to make the DWLS charge a felony. The judge denied the motion and found that Sylvester had the requisite prior convictions to make his DWLS a felony. In Kohler v. State, 534 So. 2d 1213 (Fla. 5th DCA 1988), abrogation recognized by, State v. Pelicane, 729 So. 2d 534 (Fla. 3d DCA 1999), we held that a certified driving record could be used to prove prior convictions in a case of felony DUI. Kohler, 534 So. 2d at 1213. Kohler relied…
• State v. Will Beacham Perkins, 977 So. 2d 643 (Fla. 5th DCA 2008)
  …vided in Florida Rule of Criminal Procedure 3.140(g). 543 So. 2d at 237 (footnotes omitted). The State points out that certified copies of the Department of Highway Safety and Motor Vehicles driving records are competent evidence, Kohler v. State, 534 So. 2d 1213 (Fla. 5th DCA 1988), and are self-authenticating. Card v. State, 927 So. 2d 200 (Fla. 5th DCA 2006). While this is true, it does not answer the question of whether such records, which themselves are unsworn,1 satisfy the requirements of Rule 3.140(g…
• Rueda v. State, 702 So. 2d 645 (Fla. 4th DCA 1997)
  …PER CURIAM. AFFIRMED. See Kohler v. State, 534 So. 2d 1213 (Fla. 5th DCA 1988). POLEN, STEVENSON and GROSS, JJ., concur.…

Authorities Cited

• Bass v. State, 530 So. 2d 282 (Fla. 1988)