KEVIN COYNE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court quashed the Fourth District's affirmance of a felony DUI conviction and remanded for reconsideration in light of Harbaugh v. State, which held that the bifurcated procedure for determining prior DUI convictions must be amended when a defendant requests jury determination of such priors.
The bifurcated procedure established in State v. Rodriguez must be amended to allow jury determination of prior DUI convictions in felony DUI cases when requested by the defendant, consistent with United States v. Gaudin.
[1] When a defendant in a felony DUI trial requests that the jury determine the existence of prior DUI convictions, the bifurcated procedure of State v. …
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Join FLexlaw to unlock all legal intelligenceCoyne was convicted of felony DUI in the trial court, and the Fourth District Court of Appeal affirmed the conviction in a per curiam decision without…
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WELLS, J.
We have for review Coyne v. State, 732 So. 2d 455 (Fla. 4th DCA 1999), in which the Fourth District Court of Appeal affirmed the trial court in a per curiam decision without a written opinion, citing Harbaugh v. State, 711 So. 2d 77, 83 (Fla. 4th DCA 1998). We accepted jurisdiction because Harbaugh was pending in this Court upon a certified question of great public importance as to whether, when a defendant requests that the jury determine the existence of prior DUI convictions in a felony DUI trial, the bifurcated procedure of State v. Rodriguez, 575 So. 2d 1262 (Fla.1991), should be amended in light of United States v. Gaudin, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995). See Jollie v. State, 405 So. 2d 418 (Fla.1981). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.
In Harbaugh, we answered the certified question in the affirmative and remanded to the district court for further proceedings in accord with our opinion. State v. Harbaugh, 754 So. 2d 691 (Fla.2000). Accordingly, we quash the decision of the Fourth District in Coyne to the extent that it is inconsistent with our opinion in Har-baugh, and we remand for further proceedings in accord with Harbaugh.
It is so ordered.
HARDING, C.J., and ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. SHAW, J., dissents with an opinion.
SHAW, J.,
dissenting.
I respectfully dissent based on the reasoning contained in my dissenting opinion in State v. Harbaugh, 754 So. 2d 691 (Fla.2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- United States v. Gaudin, 515 U.S. 506 (U.S. 1995)
- State v. Harbaugh, 754 So. 2d 691 (Fla. 2000)
- State v. Narcisco Rodriguez, 575 So. 2d 1262 (Fla. 1991)
- Harbaugh v. State, 711 So. 2d 77 (Fla. 4th DCA 1998)
- Coyne v. State, 732 So. 2d 455 (Fla. 4th DCA 1999)