KEVIN SCOTT LOUIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kevin Scott Louis challenged his sentencing as a habitual violent felony offender, arguing the state failed to prove his identity as the person convicted of the predicate felonies. The Florida appellate court agreed, finding that unauthenticated fingerprint cards used to establish his identity did not comply with statutory requirements for admission and were improperly admitted.
The court held that the fingerprint cards were not admissible because they were not authenticated under Florida law. The cards did not comply with Florida Statute § 921.241(3), which requires that fingerprints on a judgment be certified by the judge to qualify as prima facie evidence of identity. Without proper authentication, the state failed to prove by affirmative evidence that Louis was the person convicted of the predicate crimes, and his sentence was therefore reversed and remanded for resentencing.
[1] The state must establish by affirmative evidence the identity of the accused as the person previously convicted of predicate crimes for habitual offender sentencing.
[2] Fingerprint cards that are not part of a judgment and are not signed by a judge are not admissible as prima facie evidence of a defendant's identity under Florida Statute…
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Join FLexlaw to unlock all legal intelligence“The state must establish by affirmative evidence the identity of the accused as the person previously convicted of the predicate crimes.”
Establishes the foundational requirement for habitual offender sentencing that the state must prove the defendant's identity as the person convicted of the predicate felonies.
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Join FLexlaw to unlock all legal intelligenceLouis was sentenced as a habitual violent felony offender based on two prior convictions. The state presented a fingerprint expert who testified that …
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PER CURIAM.
Kevin Scott Louis attacks his sentence as a habitual violent felony offender. He asserts that the state failed to prove he was the person convicted of the predicate felonies used to support the sentencing. We agree, and accordingly reverse his sentence and remand for resentencing.
The state must establish by affirmative evidence the identity of the accused as the person previously convicted of the predicate crimes. See Ruth v. State, 574 So. 2d 225 (Fla. 2d DCA 1991); Miller v. State, 573 So. 2d 405 (Fla. 2d DCA 1991). Here, a fingerprint expert testified, based on a comparison of Louis’s fingerprints from the present cases with those in two previous cases, that Louis was that same person who had previously been adjudicated guilty of the qualifying felonies. The state introduced the documents the expert had used; certified copies of previous convictions that contained the fingerprints of the person convicted, and fingerprint cards that purported to contain Louis’s fingerprints in the eases for which he was being sentenced. While each of these cards referenced one of the present case numbers, none bore a seal of the State of Florida or a signature of a court officer. Supposedly the fingerprinting had taken place at Louis’s plea hearing, although this is not clear from a review of the cards because they are not dated. Louis objected to these fingerprint cards on the grounds that they contained hearsay and were unauthenticated, but the trial court admitted them. The state did not offer testimony from the deputy who had actually rolled the fingerprints.
The habitual offender statute states that, for the purpose of identifying the offender, “the court shall fingerprint the defendant pursuant to s. 921.241.” § 775.084(3)(e), Fla. Stat. (1991). Section 921.241(2), Florida Statutes (1991), requires the court to affix the defendant’s fingerprints to every written judgment of guilty of a felony. The judgment must contain the following certificate relating to the fingerprints:
“I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, _, and that they were placed thereon by said defendant in my presence, in open court, this the_day of_, 19_” Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.”
§ 921.241(2), Fla-Stat. (1991).
Section 921.241(3) makes a judgment that complies with section 921.241(2) admissible in court as prima facie evidence that the fingerprints appearing thereon are the fingerprints of the defendant. The certified copies of the predicate felonies conformed to section 921.241(2) and were admissible. Pridgeon v. State, 605 So. 2d 1004 (Fla. 1st DCA 1992). Louis’s fingerprint cards from the present cases were not part of a judgment. Although they contained certificates similar to the one set out above, they were not signed by the judge. The fingerprint cards were not, therefore, admissible under section 921.241(3). The state presented no evidence about how the fingerprints were obtained to establish that the prints on the cards were Louis’s.
Section 90.901, Florida Statutes (1991), requires authentication of evidence as a condition precedent to its admissibility. The state failed to authenticate these fingerprint cards and the trial court, therefore, erred in admitting them. Without the cards, there was insufficient proof that Louis was the perpetrator of the predicate offenses. Ruth; Miller. Accordingly, we reverse his sentence and remand for resentencing. If the state can prove Louis’s identity as the perpetrator of the predicate crimes at the new sentencing hearing, the trial court may again sentence him as a habitual violent felony offender. Reversed and remanded.
RYDER, A.C.J., and PATTERSON and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)…mitted present offenses within five years of release from prison); Ford v. State, 652 So. 2d 1236 (Fla. 1st DCA 1995) (resentenc-ing ordered where State improperly introduced prior convictions that had not been sentenced separately); Louis v. State, 647 So. 2d 324 (Fla. 2d DCA 1994) (resentenc-ing ordered where State failed to prove proper fingerprint authentication of predicate crimes); Huggins v. State, 616 So. 2d 188 (Fla. 1st DCA 1993) (ordering resen-tencing where defendant did not qualify for HFO becaus…
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Gale Lavern Brown v. State, 701 So. 2d 410 (Fla. 1st DCA 1997)…fender sentence. Although the state offered certified copies of judgments of conviction for two qualifying felonies, upon proper objection the state failed to prove that the person named in the certified copies was the appellant. See Louis v. State, 647 So. 2d 324 (Fla. 2d DCA 1994); see also Killingsworth v. State, 584 So. 2d 647 (Fla. 1st DCA 1991). We accordingly vacate the habitual felony offender sentence and remand for resentencing. Upon resentencing, the appellant may again be sentenced as a habitual f…
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Olsen v. State, 691 So. 2d 17 (Fla. 3d DCA 1997)…nd for resentencing. However, on remand, if the State can establish that the defendant was the “perpetrator of the predicate crimes at the new sentencing hearing, the trial court may again sentence him as a habitual felony offender.” Louis v. State, 647 So. 2d 324, 326 (Fla. 2d DCA 1994). Lastly, the remaining point raised by the defendant lacks merit. Affirmed, in part; reversed, in part, and remanded for resentencing.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alton Freddie Miller v. State, 573 So. 2d 405 (Fla. 2d DCA 1991)
- Ruth v. State, 574 So. 2d 225 (Fla. 2d DCA 1991)
- Pridgeon v. State, 605 So. 2d 1004 (Fla. 1st DCA 1992)