KEVIN COYNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Upon mandate issued in this case by the Florida Supreme Court following its decision in State v. Harbaugh, 754 So. 2d 691 (Fla.2000), we reverse appellant’s conviction for felony DUI and remand this case to the trial court for a jury determination of whether appellant had the requisite three or more prior DUI convictions for felony adjudication.
Based upon our review of the record, the failure to separately submit this issue to the jury was not harmless error in this ease, because the evidence relied upon by the trial court was insufficient to prove the historical fact of appellant’s prior DUI convictions and to prove that appellant was the person convicted 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 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.
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Arthur v. State, 818 So. 2d 589 (Fla. 5th DCA 2002)…e, the majority has advanced no substantive reason for why a computerized driving record is too unreliable to prove a prior DUI beyond a reasonable doubt but is rehable enough to prove a prior DWLS beyond a reasonable doubt. See also Coyne v. State, 775 So. 2d 969 (Fla. 4th DCA 2000). The court recedes from Sylvester because, the majority submits2, Sylvester said that the driving record is not sufficiently linked to the defendant, despite the fact that the defendant’s name, address, physical description, dat…
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Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001)…ut a jury. Our decision would be the same with a jury. . See § 316.193(2)(b), Fla. Stat. (2000) ("Any person who is convicted of a fourth or subsequent violation of this section is guilty of a felony of the third degree.”); see also Coyne v. State, 775 So. 2d 969 (Fla. 4th DCA 2000). . See supra note 12.…
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Jackson v. State, 788 So. 2d 373 (Fla. 4th DCA 2001)…rds, as distinguished from proper proof such as admissions, stipulations, or certified copies of convictions, are not sufficiently reliable to prove a defendant’s prior record. See, e.g., State v. Harbaugh, 754 So. 2d 691 (Fla.2000); Coyne v. State, 775 So. 2d 969 (Fla. 4th DCA 2000). See also State v. Pelicane, 729 So. 2d 534 (Fla. 3d DCA 1999). We, nevertheless, affirm as Jackson did not object to the admission of the certified driving records at the hearing. Moreover, he made no motions or other argument…
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- State v. Harbaugh, 754 So. 2d 691 (Fla. 2000)
- Sawyer v. State, 729 So. 2d 534 (Fla. 3d DCA 1999)