BERNARD GLENN SAWYER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Arthur v. State, 818 So. 2d 589 (Fla. 5th DCA 2002)
  …proven beyond a reasonable doubt. Id. The supreme court has affirmed that in a trial where prior convictions are necessary to meet an element of the charged crime, the prior convictions must be proven beyond a reasonable doubt. In State v. Pelicane, 729 So. 2d 534 (Fla. 3d DCA 1999), rev. denied, 740 So. 2d 529 (Fla.1999), the Third District Court of Appeal held in a repeat-offender felony DUI case that a computerized driving record is too unreliable to prove prior DUIs to the “beyond a reasonable doubt” stan…
• Sylvester v. State, 770 So. 2d 249 (Fla. 5th DCA 2000)
  …make the DWLS charge a felony. The judge denied the motion and found that Sylvester had the requisite prior convictions to make his DWLS a felony. In Kohler v. State, 534 So. 2d 1213 (Fla. 5th DCA 1988), abrogation recognized by, State v. Pelicane, 729 So. 2d 534 (Fla. 3d DCA 1999), we held that a certified driving record could be used to prove prior convictions in a case of felony DUI. Kohler, 534 So. 2d at 1213. Kohler relied on Pritchard v. State, 528 So. 2d 1272 (Fla. 1st DCA 1988), disapproved, State v.…

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• Coyne v. State, 775 So. 2d 969 (Fla. 4th DCA 2000)
  …ted on those prior DUI charges. The state submitted only a certified copy of appellant’s driving record. It failed to introduce certified copies of the [*970] judgments of conviction and to link those convictions to appellant. See State v. Pelicane, 729 So. 2d 534 (Fla. 3d DCA 1999). REVERSED and REMANDED. WARNER, C.J., STEVENSON and TAYLOR, JJ., concur.…

Authorities Cited

• Pender v. State, 700 So. 2d 664 (Fla. 1997)