GREGORY JOHN LANDRUM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-09-03
No. 4D12-2776
MAY, CIKLIN and LEVINE, JJ., concur.
149 So. 3d 98 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 5 cases

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Synopsis

Gregory Landrum was convicted of possession of a firearm by a convicted felon based on fingerprints and a Department of Corrections identification card. The Florida appellate court reversed, holding that the state failed to prove the essential element of a prior felony conviction using either of the two legally permitted methods: the "whole record" of the prior conviction or a certified copy of the judgment in compliance with Florida Rule of Criminal Procedure 3.986.


Holding

The court reversed Landrum's conviction because the state failed to prove the essential element of a prior felony conviction using either of the two legally permissible methods: the "whole record" of the prior conviction or a certified copy of the judgment in compliance with Florida Rule of Criminal Procedure 3.986. Fingerprints and a redacted photograph identification card do not satisfy either method.


Headnotes

[1] To prove possession of a firearm by a convicted felon, the state must establish a prior felony conviction through either the "whole record" of the prior conviction or a c…

[2] The "whole record" of a prior felony conviction includes the information, the plea of the accused, the jurisdiction of the court, the verdict of the jury, and the judgmen…

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Key Quotes

“the number of possible methods available to the state to offer this proof at trial is strictly limited to two: (1) admission of the "whole record" pertaining to the previous felony conviction, Warren v. State, 74 So.2d 688 (Fla.1954), or (2) a certified copy of the judgment for the prior conviction in substantial conformance with Florida Rule of Criminal Procedure 3.986”

Establishes the two exclusive methods by which the state may prove a prior felony conviction

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Facts & Procedural History

Landrum was charged with possession of a firearm by a convicted felon. At trial, the state attempted to prove his prior felony conviction using copies…

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Opinion of the Court
PER CURIAM.

ON MOTION FOR REHEARING

PER CURIAM.

We deny the motion for rehearing, but withdraw our previously issued opinion and substitute the following opinion in its place.

Gregory Landrum appeals his conviction for possession of a firearm by a convicted felon. Landrum argues that because the state failed to produce either the “whole record” of his prior conviction or a certified copy of the prior felony judgment, an indispensable element of the crime was not proven. We agree and reverse.

The appellate analysis required in this matter is straightforward. At trial and over the objection of the defendant, the state attempted to prove Landrum’s prior felony conviction with copies of several different sets of Landrum’s fingerprints, including one set indicating that Landrum was “adjudicated guilty,” and a redacted photograph identification card from the Department of Corrections. After the state rested, Landrum moved for judgment of acquittal on the ground that the state did not introduce competent evidence of his felony conviction. The trial court denied the motion and ultimately Landrum was found and adjudicated guilty and sentenced to prison.

The essence of the state’s prosecution — and indeed the central element that must be proven before a defendant may be found guilty of this crime — is the issue of a prior felony conviction. See § 790.23, Fla. Stat. (2011). And, most im*100portant to our holding in this case, the number of possible methods available to the state to offer this proof at trial is strictly limited to two: (1) admission of the “whole record” pertaining to the previous felony conviction, Warren v. State, 74 So.2d 688 (Fla.1954), or (2) a certified copy of the judgment for the prior conviction in substantial conformance with Florida Rule of Criminal Procedure 3.986, Keith v. State, 844 So.2d 715 (Fla. 2d DCA 2003).1

Prior to the creation of rule 3.986, the state was required to submit the “whole record” of the prior conviction to prove its existence. See Warren, 74 So.2d at 688. The “whole record” includes the ' “information, the plea of the accused, the jurisdiction of the-court, the verdict of the jury, and the judgment and sentence of the court.” Id.

The second viable method of proof of a prior conviction exists through rule 3.986 as recognized in Keith. 844 So.2d at 716. Promulgated by the Florida Supreme Court in 1975, rule 3.986 sets forth standard forms for judgments and sentences to be used by all courts. See In re Fla. Rules of Criminal Procedure, 315 So.2,d 172 (Fla.1975). A judgment and sentence in conformance with rule 3.986 includes a defendant’s fingerprints as well as information about each essential component of the “whole record” delineated in Warren. Keith, 844 So.2d at 716.

While Warren’s “whole record” requirement for proof of a prior conviction remains the law of this state, the requirement “is satisfied by a certified copy of a judgment and sentence in conformance with rule 3.986.” See id. (citation omitted).

fingerprints and photograph identification card presented by the state at trial did not set forth the “whole record” and the state did not avail itself of the abbreviated method permitted by rule 3.986. Because the state failed to prove the heart of its case by either of the two approved methods, the defendant was not lawfully convicted of the charged crime. Therefore, we reverse and remand with instructions that Landrum be discharged.

In light of our holding, the other issues before us are moot.

Reversed and remanded with instructions.

MAY, CIKLIN and LEVINE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gosling v. State, 205 So. 3d 860 (Fla. 4th DCA 2016)
    …ime. Although there are no cases squarely on point for the crime of failure to register as a sex offender, we look to cases involving other criminal charges where proof of a prior conviction is a necessary element of the crime. In Landrum v. State, 149 So. 3d 98 (Fla. 4th DCA 2014), we explained the only two .methods available to the State to prove a prior conviction in the context of possession of a weapon by a convicted felon. Id. at 99-100. [T]he number of possible methods available to the state to offe…
  • Trevis Presha v. State (Fla. 3d DCA 2025)
    …o 1) admit the “whole record” related to the previous felony conviction, or 2) provide “a certified copy of the judgment for the prior conviction in substantial conformance with Florida Rule of Criminal Procedure 3.986 . . . .” Landrum v. State, 149 So. 3d 98, 100 (Fla. 4th DCA 2014).3 The State did not meet either of these requirements. Sinkfield, supra.4 3 In addition, in proving that the defendant has previously been convicted of a felony, “the [S]tate must prove the historical fact of a prior fe…
  • Harris v. State (Fla. 3d DCA 2025)
    …ulation, the only methods for the State to prove at trial that Harris was a convicted felon were the admission of the “whole record” pertaining to the prior felony conviction or providing a certified copy of the conviction. See Landrum v. State, 149 So. 3d 98, 100 (Fla. 4th DCA 2014) (stating the only methods for the State to prove that a defendant is a convicted felon: (1) admission of the “whole record” pertaining to the previous felony conviction; or (2) providing a certified copy of the judgment…

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