BYRON L. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2003-11-12
No. 4D02-1528
KLEIN and SHAHOOD, JJ., concur., FARMER, C.J., KLEIN and SHAHOOD, JJ., concur.
865 So. 2d 5 Florida District Court of Appeal, Fourth District (2003) Caution
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Byron Williams was convicted of felony driving with a suspended license (DWLS) based on two prior convictions, but the court reversed because one prior conviction did not satisfy the requirements established in Badger v. State (lacking a knowledge element), and the state failed to provide certified copies or corroborating evidence for the qualifying convictions as required.


Holding

The court reversed the conviction because the state failed to prove qualifying prior convictions with sufficient evidence. While the court acknowledged that in Ward v. State it had upheld a conviction where a DMV driving record was supported by other reliable corroborating evidence, no such corroborating evidence existed here except for the 2000 conviction. The court emphasized that the safest practice is to provide certified copies of prior convictions.


Headnotes

[1] A prior conviction for driving while license suspended (DWLS) may not be used to elevate a current DWLS charge to a felony if the prior conviction did not require proof o…

[2] A DMV driving record, when corroborated by other reliable evidence, may be sufficient to prove a prior conviction for felony driving offenses, even without certified copi…

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Key Quotes

“We approved the additional evidence as sufficient in Ward and would do the same if similar evidence had been adduced in this case. Nevertheless we wish to make clear that the safest course is for the state to adduce certified copies of the prior qualifying convictions.”

Establishes the court's holding that while corroborating evidence may suffice, certified copies of prior convictions are the preferred practice to avoid reversal.

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Facts & Procedural History

Defendant Williams was charged with felony DWLS. The state presented evidence of two prior DWLS convictions: one from 1995 and one from 1998. The 1995…

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Opinion of the Court
FARMER, C.J. PER CURIAM.

FARMER, C.J.

At defendant’s trial on felony driving while license suspended (DWLS) the state adduced evidence of two prior convictions of DWLS. One of the two convictions, however, in 1995 did not satisfy our decision in Badger v. State, 798 So. 2d 890 (Fla. 4th DCA 2001), because the statute then did not require the element of knowledge. The state argued that the trial judge could accept the DMV driving record as sufficient proof that defendant had another conviction in 1998. The trial court later found defendant guilty of felony DWLS, saying that the evidence established two post 1997 convictions. We reverse.

In Ward v. State, 807 So. 2d 808 (Fla. 4th DCA 2002), involving a conviction under the felony DUI statute — which is functionally identical to the felony DWLS statute — we sustained a conviction even though all the required past offenses were not proven with certified copies of the judgments of conviction. We did so because the state supported the evidence of the defendant’s DMV driving record with other reliable evidence of the conviction.1

In the present case there is no such corroborative evidence of any prior DWLS conviction except for the 2000 conviction. We approved the additional evidence as sufficient in Ward and would do the same if similar evidence had been adduced in this case. Nevertheless we wish to make clear that the safest course is for the state to adduce certified copies of the prior qualifying convictions. Relying on the sufficiency of .other evidence to prove qualifying convictions for felony driving offenses needlessly runs the risk of a reversal. It is much the best for the state to adduce its own official records, the certified copies of the convictions themselves.

We therefore reverse for a new trial.

KLEIN and SHAHOOD, JJ., concur. On Motion for Clarification

PER CURIAM.

We grant defendant’s motion for “clarification” and now correct our opinion to specify that the case is remanded only for resentencing on the lesser offense rather than for a retrial.

FARMER, C.J., KLEIN and SHAHOOD, JJ., concur. . "The court file contained a booking photograph which resembled Ward, a probable cause affidavit which indicated the arrestee shared Ward's physical description and birth date, and other documents which indicated that the arrestee shared Ward's current and 1995 employer, as well as his address. In addition, the signature on the plea sheet in that case matched Ward’s in the instant case. Moreover, the suspension imposed for this 1989 conviction was for 5 years, which the state noted could be imposed only for a second DUI conviction, and it noted that the 10-year suspension imposed in 1995 meant it was Ward’s third Conviction.” Ward, 807 So. 2d at 809.


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Citator

Cited By

  • Dolan v. State, 187 So. 3d 262 (Fla. 2d DCA 2016)
    …a trial court in a bifurcated felony DUI proceeding to take judicial notice of an entire court file that contained, among other things, a booking photograph.2 See [*267] Ward v. State, 807 So. 2d 808, 809 (Fla. 4th DCA 2002); cf. Williams v. State, 865 So. 2d 5, 6 (Fla. 4th DCA 2003) (distinguishing Ward and explaining that it “sustained a conviction [in Ward ] even though all the required past offenses were not proven with certified copies of the judgments of conviction .... because the state supported th…
  • Anderson v. State, 46 Fla. L. Weekly S157 (Fla. 2d DCA 2021)
    …ester v. State, 770 So. 2d 249, 251 (Fla. 5th DCA 2000), . . . the computerized driving record is insufficient proof of the prior offense[s] required to convict Garrett of the felony offense of driving while license suspended.");1 Williams v. State, 865 So. 2d 5, 6 (Fla. 4th 1 In Sylvester, 770 So. 2d at 251, the Fifth District reversed a felony DWLSR conviction because "[i]t is not enough that the [S]tate introduce the driving record if it plans to enhance a defendant's punishment; the [S]tate must prove t…

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