FREDDIE MCCASKILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in denying the motion to suppress and the motion for judgment of acquittal.
Appellant was convicted of possession of a firearm by a convicted felon. He sought review of the denial of his motion to suppress evidence and his mot…
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WENTWORTH, Judge.
Appellant seeks review of a judgment of conviction and sentence in the circuit court for Escambia County, by which appellant was adjudicated guilty of possession of a firearm by a convicted felon and sentenced to 20 years’ imprisonment as an habitual offender. We affirm.
With respect to the alleged error in denying appellant’s motion to suppress certain physical evidence and statements, the court’s conclusion that appellant voluntarily consented to the search of his house is supported by the evidence.
Appellant also asserts error in denial of his motion for judgment of acquittal based on alleged deficiency in proof of a previous felony conviction. Because the certified copy of the prior judgment in evidence in this case, like that in Parker v. State, 408 So. 2d 1037 (Fla.1982), is substantially in the form set out in Fla.R.Crim.P. 3.986, we conclude as in Parker1 that “the state may ... prove the conviction by the use of a certified copy of the judgment.” That con-elusion comports with the apparent intention of the rule to reflect on the face of the judgment a record of all of the elements previously held essential to prove a valid judgment without aid of presumptions. Cf., Warren v. State, 74 So. 2d 688 (Fla. 1954); Ferguson v. State, 379 So. 2d 163 (Fla. 3d DCA 1980).
SMITH and JO ANOS, JJ., concur. . The point actually litigated in Parker, however, was the state’s right to submit such proof in lieu of a defense offer to stipulate.
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Killingsworth v. State, 584 So. 2d 647 (Fla. 1st DCA 1991)…entity of the defendant as the perpetrator. See Barnhill v. State, 41 So. 2d 329, 332 (Fla.1949). Although the historical fact of a prior felony conviction can be proved by introducing a certified copy of a prior felony judgment, McCaskill v. State, 564 So. 2d 573 (Fla. 1st DCA 1990), mere identity between the name appearing on the prior judgment and the name of the defendant on trial does not satisfy the state’s obligation to present affirmative evidence that they are the same person. See Miller v. State, 57…
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Keith v. State, 844 So. 2d 715 (Fla. 2d DCA 2003)…endant stands convicted, the nature of the adjudication, and the sentence. We conclude that Warren's requirement of a “whole record” is satisfied by a certified copy of a judgment and sentence in conformance with rule 3.986.2 See McCaskill v. State, 564 So. 2d 573, 574 (Fla. 1st DCA 1990) (concluding that certified copy of judgment essentially in form set out in rule 3.986 was adequate to prove defendant’s prior felony conviction). Be [*717] cause Mr. Keith’s prior judgment and sentence were in the form requi…
Authorities Cited
- Parker v. State, 408 So. 2d 1037 (Fla. 1982)
- Ferguson v. State, 379 So. 2d 163 (Fla. 3d DCA 1980)
- Warren v. State, 74 So. 2d 688 (Fla. 1954)