ROBERT HAUSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LETTS, Judge.
We withdraw our prior opinion, issued on December 28, 1990, and substitute the following:
The trial judge adjudicated the defendant guilty of a third degree felony DUI pursuant to sections 316.193(1) and (2)(b), Florida Statutes (1989). We reverse.
The three previous DUI convictions were not specifically alleged in the information and only the applicable statutory sections were alleged. In our initial opinion, we deemed the cite to the statute sufficient under Pritchard v. State, 528 So. 2d 1272 (Fla. 1st DCA 1988), and State v. Phillips, 463 So. 2d 1136 (Fla.1985). However, the Supreme Court has now ruled that “the state must allege the specific, prior DUI convictions in the charging document.” State v. Rodriguez, 16 F.L.W. S32, 34 (Fla. Jan. 3, 1991).
We reverse and direct the trial court to enter an adjudication of first offense DUI and to resentence the defendant, accordingly-
REVERSED AND REMANDED.
ANSTEAD and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Haddix, 668 So. 2d 1064 (Fla. 4th DCA 1996)…victions need not be alleged in the charging document. This issue was touched upon, but not resolved, in Hauss v. State, 592 So. 2d 783 (Fla. 4th DCA 1992) (“Hauss II”), which was before this court after remand to the trial court by Hauss v. State, 574 So. 2d 1141 (Fla. 4th DCA 1991) (“Hauss I”). The state in Hauss I did not question whether an enhanced misdemeanor sentence, rather than a first offense sentence, could be applied if there was sufficient record evidence of prior convictions, even though such pr…
-
Hauss v. State, 592 So. 2d 783 (Fla. 4th DCA 1992)…STONE, Judge. In Hauss v. State, 574 So. 2d 1141 (Fla. 4th DCA 1991), the appellant’s conviction and sentence for felony D.U.I. was reversed because Hauss’ three previous D.U.I. convictions were not alleged in the information. This result was mandated by State v. Rodriguez, 575 So. 2d 1262, 1264 (…
-
Hope v. State, 588 So. 2d 255 (Fla. 5th DCA 1991)…prior DUI convictions is an essential element of felony DUI, it necessarily follows that the requisite notice of prior DUI convictions must be given in the charging document, (emphasis added). Rodriguez, 575 So. 2d at 1265. See also Hauss v. State, 574 So. 2d 1141 (Fla. 4th DCA 1991). The information in the instant case fails to allege the combined existence of three or more prior DUI convictions; therefore the information is fatally defective. OATH REQUIREMENT Article I, section 15 of the Florida Constitu…
Authorities Cited
- State v. Phillips, 463 So. 2d 1136 (Fla. 1985)
- Pritchard v. State, 528 So. 2d 1272 (Fla. 1st DCA 1988)