LARRY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant waives the issue of insufficient proof of prior convictions by failing to object to the admission of driving records and by not moving for a judgment of acquittal.
The defendant was convicted of felony DUI based on driving records presented by the state, to which his counsel initially had no objection. The state …
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STONE, J.
Jackson’s motion for rehearing is denied. However, we withdraw our opinion of May 2, 2001, and substitute the following:
We affirm Jackson’s conviction and sentence for the offense of felony driving under the influence.
At the hearing as to the felony portion of the DUI offense, the state requested the trial judge to take judicial notice of certified copies of the defendant’s Ohio and Florida driving records. When asked if he had any objections, defense counsel responded that he would ask for certified convictions of each DUI the state intended presenting. However, when the state sought to introduce the certified copies of the Ohio and Florida driving records into evidence, Jackson’s counsel stated that he had no objections.
At the conclusion of the state’s evidence on this issue, defense counsel was asked if he had any evidence or argument. He replied, “[A]s to his prior convictions, no evidence, Your Honor. And I don’t have any argument as to that.” The trial judge then adjudicated Jackson guilty of felony DUI.
At the subsequent sentencing hearing, after discussion of the need for certified copies of convictions, the state was granted continuance to obtain certified copies. On return for sentencing a month later, the state announced that it was unable to obtain the certified copies of Jackson’s prior DUI convictions.
It is apparent that the state sought to prove the defendant’s priors using only copies of driving records. However, driving records, 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 at the conclusion of the hearing relative to his priors or whether the state had proven beyond a reasonable doubt that the convictions evidenced in the driving record were his. In order to preserve an issue for review by an appellate court, the issue must be addressed to the lower court and the precise legal argument put forth on appeal must have been presented below. See, e.g.r Tillman v. State, 471 So. 2d 32 (Fla.1985). Jackson’s failure to move for judgment of acquittal as to that point waives this issue for further review.
We recognize that Jackson later asserted at sentencing that the state failed to introduce certified copies of his prior convictions. However, the finding of guilt as to the priors took place on February 24, 2000, and the sentencing hearing at which Jackson raised this point took place in April 2000. Therefore, his attempt to raise this point at sentencing, even if considered an oral motion for new trial, was untimely. See Fla. R.Crim. P. 3.590(a).
Accordingly, while Jackson correctly asserts that certified copies were necessary, he has waived this point. As to all other issues, we also find no reversible error or abuse of discretion.
DELL and KLEIN, JJ., concur.
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Sorrell v. State, 855 So. 2d 1253 (Fla. 4th DCA 2003)…sary for the state to prove at trial the DUI convictions which formed the basis for the license revocation. Appellant cites to cases under the DUI statute, where previous convictions constitute an element of the crime charged.3 See Jackson v. State, 788 So. 2d 373, 374 (Fla. 4th DCA 2001) review denied, 807 So. 2d 654 (Fla.2002); Coyne v. State, 775 So. 2d 969, 969-70 (Fla. 4th DCA 2000) (holding that jury must consider whether the defendant has been convicted of the [*1255] three prior DUIs before concluding…
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Ward v. State, 807 So. 2d 808 (Fla. 4th DCA 2002)…asonable doubt. This court has held that “driving records, 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.” Jackson v. State, 788 So. 2d 373, 374 (Fla. 4th DCA 2001)(on reh’g) (citations omitted); State v. Pelicane, 729 So. 2d 534, 535 (Fla. 3d DCA)(holding electronic docketing sheet “only tends to link the defendant to the conviction by the fact that the name on the docket sheet matches…
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Cyd Tyrell Fender v. State, 980 So. 2d 516 (Fla. 4th DCA 2007)…did not present evidence at trial rebutting this presumption, we withdraw our previously issued opinion and reinstate the trial court’s prior conviction and sentence. STEVENSON and TAYLOR, JJ., concur. . 729 So. 2d 534, 535 (Fla. 3d DCA 1999). . 788 So. 2d 373, 374 (Fla. 4th DCA 2001).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tillman v. State, 471 So. 2d 32 (Fla. 1985)
- State v. Harbaugh, 754 So. 2d 691 (Fla. 2000)
- Sawyer v. State, 729 So. 2d 534 (Fla. 3d DCA 1999)
- Coyne v. State, 775 So. 2d 969 (Fla. 4th DCA 2000)