NATHANIEL DOWLING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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 held that the state presented substantial proof linking the appellant to the certified court records of a prior conviction.
The appellant was convicted of possession of a pistol by a convicted felon. The appellant argued the state failed to prove he was the same person name…
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 Substantial Evidence Standard cases and more on FLexlaw
Appellant timely files this appeal from a jury verdict and judgment of guilty to the charge of possession of a pistol by a convicted felon.
Appellant’s only point of contention is that the appellee failed to prove that appellant was a convicted felon. The appellee at the trial introduced the testimony of Mr. Lawrence Diehl, an officer of the Braden-ton Police Department.
Mr. Diehl testified that in April, 1964, he arrested and charged the appellant with the breaking and entering with intent to commit a misdemeanor of the Blue Lantern Cafe in Bradenton. Mr. Diehl identified the appellant as the same Nathaniel Dow-ling he arrested in 1964. The appellee introduced into evidence, over appellant’s objection, certified copies of the proper court records showing that Nathaniel Dowling had been informed against for the 1964 crime, that he entered a plea of guilty, and that he was convicted and sentenced to three years in prison. The appellant contends that there was not substantial proof showing that he was the Nathaniel Dowling charged in the proper court records in 1964.
We find from the whole record that there was substantial proof that the appellant and the Nathaniel Dowling shown in the proper court records introduced into evidence was the same person. The elements necessary to prove a prior conviction by a proper record as set down in Warren v. State, Fla.1954, 74 So.2d 688, were present in the instant case. The essential elements being 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.
We, therefore, must and do affirm the judgment from which this appeal is taken.
Affirmed.
LILES, C. J., and PIERCE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ferguson v. State, 379 So. 2d 163 (Fla. 3d DCA 1980)…ts which appellant has conveyed. As to the Ferguson’s conviction for possession of a firearm by a convicted felon, we must also reverse. The state failed to present what is required to sufficiently prove the prior conviction. See, Dowling v. State, 210 So. 2d 280 (Fla. 2d DCA 1968) [the necessary elements to be proved being 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], and State v. Dixon, 193 So. 2d 62 (Fla. 2d D…
-
Craft v. State, 441 So. 2d 704 (Fla. 2d DCA 1983)…In order to obtain a conviction for possession of a firearm by a convicted felon, the state must prove that the individual charged is in fact a previously convicted felon. See Ferguson v. State, 379 So. 2d 163 (Fla. 3d DCA 1980); Dowling v. State, 210 So. 2d 280 (Fla. 2d DCA 1968). Here, evidence was introduced from which the jury could properly conclude that Craft had been convicted of a felony. Craft has argued to this court that the probative value of the evidence necessary to prove that he was a convic…
-
Polk v. State, 405 So. 2d 758 (Fla. 3d DCA 1981)…nty Criminal Court of Records which reflected, (1) defendant had been charged with the crime of robbery, (2) defendant had pleaded guilty to robbery, and (3) defendant had been sentenced to five years in the state penitentiary. See Dowling v. State, 210 So. 2d 280 (Fla. 2d DCA 1968). Defendant filed a pre-trial motion to suppress the copy of judgment.1 Now, nine years after conviction and sentence, defendant claims by the motion that the trial court failed to advise him of the constitutional rights he would…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Warren v. State, 74 So. 2d 688 (Fla. 1954)