RONALD CORKER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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.
The court approved the ultimate result reached by the Fourth District Court of Appeal but disapproved its reliance on a specific rule of law, as the evidence was properly authenticated.
[1] A Department of Corrections Crime and Time Report, properly authenticated under seal pursuant to section 90.902(1), Florida Statutes, may be admitted and considered by th…
[2] The authentication method for a Department of Corrections Crime and Time Report under seal as provided by section 90.902(1), Florida Statutes, is approved.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe Fourth District Court of Appeal relied on its prior decision in Yisrael, which conflicted with another district's decision. The Supreme Court stay…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Certified Conflict cases and more on FLexlaw
We have for review Corker v. State, 937 So.2d 757 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal relied upon its decision in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So.2d 952 (Fla.2008), and certified conflict with the First District Court of Appeal’s decision in Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We stayed proceedings in this case pending our disposition of Yisrael, in which we: (1) approved the decision of the First District in Gray, and (2) disapproved *522the reasoning and rule of law articulated by the Fourth District in its underlying decision, but ultimately approved the result reached by that court on other grounds. See Yisrael v. State, 993 So.2d 952, 960-61 (Fla.2008). We subsequently issued an order directing the State to show cause why we should not exercise jurisdiction, summarily quash the decision under review, and remand for reconsideration in light of our decision in Yisrael. We now possess the record on appeal, which contains a Department of Corrections Crime and Time Report that was properly authenticated under seal as provided by section 90.902(1), Florida Statutes (2003). See Yisrael, 993 So.2d at 960-61 (approving this authentication method). Further, the record includes a transcript of petitioner Corker’s sentencing hearing, which confirms that this activities-based public record was properly admitted and considered by the trial court in sentencing Corker as a prison-releasee reoffender. See § 775.082(9)(a), Fla. Stat. (2002).
Accordingly, we grant the petition for review and, as we did in Yisrael, approve the ultimate result reached by the Fourth District Court of Appeal below, but disapprove its reliance upon the rule expressed in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), because the Crime and Time Report provided in this case was properly authenticated under seal. See Yisrael, 993 So.2d at 960-61.
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Corker v. State, 18 So. 3d 1 (Fla. 4th DCA 2009)…PER CURIAM. We reconsider on remand our opinion in Corker v. State, 937 So. 2d 757 (Fla. 4th DCA 2006), which the Florida Supreme Court reviewed in Corker v. State, 7 So. 3d 521 (Fla.2009). Corker argued to this court that the trial court erred by denying his hearsay objection to the introduction of a letter from the Department of Corrections (“DOC”) reflecting his most recent release date from prison. 937 So. 2d at 757.…
Authorities Cited
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005)
- Corker v. State, 937 So. 2d 757 (Fla. 4th DCA 2006)