TERRY KENNETH BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Terry Kenneth Brown appeals his conviction for possession of a firearm by a convicted felon, challenging the trial court's admission of certified copies of his prior convictions despite his offer to stipulate to his felon status. The court declines to apply the recent federal decision in Old Chief v. United States under binding Florida precedent, but certifies a question of great public importance regarding whether Parker v. State should be overruled.
The court affirmed the conviction regarding admission of prior convictions under binding Florida precedent in Parker v. State, declining to apply Old Chief v. United States. The court remanded for correction of the sentencing guidelines scoresheet by deleting 4.3 improper points based on nolle prossed charges, reducing the total score to 49.8; since Brown was sentenced as a habitual offender, resentencing would not be required.
[1] Certified copies of prior convictions are admissible to prove the "convicted felon" element of a firearm possession charge, even if the defendant offers to stipulate to t…
[2] Federal court interpretations of federal statutes and rules of evidence are not binding on state courts interpreting state statutes and rules, especially when state prece…
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Join FLexlaw to unlock all legal intelligence“In light of clearly binding authority from the Florida Supreme Court addressing the precise issue raised by Brown regarding the admission of certified copies of prior convictions despite the defendant's offer to stipulate to his convicted felon status, Parker v. State, 408 So.2d 1037 (Fla.1982), we decline Brown's invitation to apply the recent United States Supreme Court opinion in Old Chief v. United States”
Establishes the court's adherence to binding state precedent over federal precedent when interpreting state law
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Join FLexlaw to unlock all legal intelligenceTerry Kenneth Brown was convicted of possession of a firearm by a convicted felon under Florida statutes. At trial, the State introduced certified cop…
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FLETCHER, Judge.
Terry Kenneth Brown appeals his conviction and sentence for possession of a firearm by a convicted felon, §§ 790.23, 775.084(4), Fla. Stat. (1995), contending, among other things, that his conviction should be reversed because the trial court permitted the State to introduce into evidence at trial certified copies of two prior convictions in order to prove the “convicted felon” element of the charge. Brown further contends, and the State agrees, that the sentencing guidelines score-sheet upon which he was sentenced contained improper points based on nolle prossed charges.
In light of clearly binding authority from the Florida Supreme Court addressing the precise issue raised by Brown regarding the admission of certified copies of prior convictions despite the defendant’s offer to stipulate to his convicted felon status, Parker v. State, 408 So. 2d 1037 (Fla.1982), we decline Brown’s invitation to apply the recent United States Supreme Court opinion in Old Chief v. United States, 519 U.S.-, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) to this case and thus decline to find an abuse of discretion in the trial court’s admission of the convictions. In Old Chief, the United States Supreme Court was construing a federal statute and federal rule of evidence [18 U.S.C. § 922(g)(1); Fed. R.Evid. 403]; therefore, its conclusions are not binding on Florida courts construing, as here, our own state statutes and rules, particularly in light of binding Florida Supreme Court precedent directly on point. See State v. Barquet, 262 So. 2d 431, 435-36 (Fla.1972); Briggs v. Salcines, 392 So. 2d 263, 266 n. 2 (Fla. 2d DCA 1980). However, in order to facilitate further review by the Florida Supreme Court should it desire to revisit the Parker decision in light of the recent opinion in Old Chief, we certify the following question as a matter of great public importance:
SHOULD THE DECISION IN PARKER v. STATE, 408 So. 2d 1037 (Fla.1982) BE OVERRULED IN FAVOR OF THE ANALYSIS OF THE EVIDENTIARY REQUIREMENTS FOR PROOF OF CONVICTED FELON STATUS IN FIREARM VIOLATION CASES ESTABLISHED FOR FEDERAL COURTS IN OLD CHIEF v. UNITED STATES, 519 U.S.-, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997)?
With the exception of the guidelines scoresheet computation error conceded by the State, the remaining points raised by Brown are without merit. Therefore, we remand the case to the trial court to correct the guidelines scoresheet by deleting the 4.3 points improperly added based on the nolle prossed charges and to recalculate the total score to 49.8. Since Brown was sentenced as an habitual offender, this change will not require resentencing. In all other aspects of this appeal, we affirm.
Affirmed in part, remanded in part, question certified.
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Geremi Pierce v. State, 779 So. 2d 286 (Fla. 2d DCA 1998)…pulate to his convicted felon status. We find no abuse of discretion because the trial court’s ruling follows the binding authority of Parker v. State, 408 So. 2d 1037 (Fla.1982). Because we agree with the Third District’s opinion in Brown v. State, 700 So. 2d 447 (Fla. 3d DCA 1997), review granted, No. 91,764, 761 So. 2d 327 (Fla. Apr. 7, 1998), we certify the following question to the Florida Supreme Court as a matter of great public importance: SHOULD THE DECISION IN PARKER V. STATE, 408 So. 2d 1037 (Fla…
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Ermon Lee Lane v. State, 706 So. 2d 94 (Fla. 3d DCA 1998)…he Florida Supreme Court which is directly on point. The United States Supreme Court construed federal law in Old Chief. Therefore, its conclusions are not binding on Florida courts when construing Florida statutes and rules. As in Brown v. State, 700 So. 2d 447 (Fla. 3d DCA 1997), we certify the same question as a matter of great public importance: SHOULD THE DECISION IN PARKER V. STATE, 408 So. 2d 1037 (Fla.1982), BE OVERRULED IN FAVOR OF THE ANALYSIS OF THE EVIDENTIARY REQUIREMENTS FOR PROOF OF CONVICT…
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Quinn v. State, 713 So. 2d 1046 (Fla. 5th DCA 1998)…Florida Rule of Criminal Procedure 3.191. Under the doctrine of stare decisis, this court is bound by supreme court precedent. See Lane v. State, 706 So. 2d 94 (Fla. 3d DCA 1998); Watkins v. State, 705 So. 2d 938 (Fla. 5th DCA 1998); Brown v. State, 700 So. 2d 447 (Fla. 3d DCA 1997); Titus v. State, 696 So. 2d 1257 (Fla. 4th DCA 1997), approved, 707 So. 2d 706 (Fla. 1998). In this case, appellant filed his motion for discharge on July 15, 1997. A hearing was held the next day which is within the five-day time…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997)
- Parker v. State, 408 So. 2d 1037 (Fla. 1982)
- State v. Barquet, 262 So. 2d 431 (Fla. 1972)
- Briggs v. Salcines, 392 So. 2d 263 (Fla. 2d DCA 1980)