LAKEARY HECK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reviewed a Fourth District Court of Appeal decision regarding the admissibility of documents used to establish a defendant's status as a prison-releasee reoffender for sentencing purposes. The Court approved the Fourth District's ultimate result but disapproved its reliance on a particular rule of law, finding that the business-records certification method used complied with proper authentication standards established by the First District.
The Court approved the Fourth District's ultimate result but disapproved its reliance on the rule from Yisrael v. State. The business-records certification provided in this case was a permissible means of authenticating the Crime and Time Report, and thus complied with the proper authentication standard.
[1] A business records certification may be used to authenticate an attached Crime and Time Report for the purpose of establishing a defendant's status as a prison-releasee r…
[2] A court may approve the ultimate result reached by a lower court while disapproving the reasoning or rule of law articulated by that court.
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 intelligence“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 business-records certification provided in this case was used as a permissible means of authenticating an attached Crime and Time Report”
The Court's holding regarding the proper authentication method for sentencing documents
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHeck was sentenced with an enhancement based on his status as a prison-releasee reoffender. The State submitted a 'Certification of Records' along wit…
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We have for review Heck v. State, 966 So.2d 515 (Fla. 4th DCA 2007), 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 the 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. In response, the State asserts that documents submitted during sentencing complied with this Court’s Yisrael decision.
Our review of the facts presented within the four corners of the decision below reveals that the Fourth District addressed a “Certification of Records,” which was submitted along with “the accompanying pages of DOC computer pnnt-outs to establish the predicates for [prison-releasee-reoffender] sentencing.” 966 So.2d at 518 (emphasis supplied). The method used to *527establish Heck’s status as a prison-releas-ee reoffender thus complied with the analysis provided by the First District in Desue v. State, 908 So.2d 1116, 1117 (Fla. 1st DCA 2005), Gray, 910 So.2d at 869-70, and Parker v. State, 973 So.2d 1167, 1168-69 (Fla. 1st DCA 2007), review denied, No. SC07-1847, 1 So.3d 173, 2009 WL 427313 (Fla. Feb. 19, 2009), each of which was decided prior to Heck. As a result, in Heck, there was no need to certify conflict.
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 business-records certification provided in this case was used as a permissible means of authenticating an attached Crime and Time Report. See Yisrael, 993 So.2d at 960-61; see also Smith v. State, 990 So.2d 1162, 1164-65 (Fla. 3d DCA 2008); Parker, 973 So.2d at 1168-69.
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
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)
- Lenorris Parker v. State, 973 So. 2d 1167 (Fla. 1st DCA 2007)
- Julian v. Desue, IV, 908 So. 2d 1116 (Fla. 1st DCA 2005)
- Parker v. State, 1 So. 3d 173 (Fla. 2009)
- Datoral Smith v. State, 990 So. 2d 1162 (Fla. 3d DCA 2008)
- Lakeary Heck v. State, 966 So. 2d 515 (Fla. 4th DCA 2007)