ALEC ROSS, APPELLANT,

v.

NOVA TOWNHOUSE CONDOMINIUM ASSOCIATION, INC., AND HONORABLE HARRY HINCKLEY, JR., CIRCUIT COURT JUDGE, APPELLEES

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

• Leon v. Franchise Stores Realty Corp., 549 So. 2d 822 (Fla. 4th DCA 1989)