Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

KEVIN COYNE, Appellant v. STATE OF FLORIDA, Appellee.

PER CURIAM.

Upon mandate issued in this case by the Florida Supreme Court following its decision in State v. Harbaugh, No. SC93037, 2000 WL 256102 (Fla. Mar. 9, 2000), we reverse appellant's conviction for felony DUI and remand this case to the trial court for a jury determination of whether appellant had the requisite three or more prior DUI convictions for felony adjudication.

Based upon our review of the record, the failure to separately submit this issue to the jury was not harmless error in this case, because the evidence relied upon by the trial court was insufficient to prove the historical fact of appellant's prior DUI convictions and to prove that appellant was theperson convicted on those prior DUI charges. The state submitted only a certified copy of appellant's driving record. It failed to introduce certified copies of the judgments of conviction and to link those convictions to appellant. See State v. Pelicane, 729 So.2d 534 (Fla. 3d DCA 1999).

REVERSED and REMANDED.

WARNER, C.J., STEVENSON and TAYLOR, JJ., concur.

Use AI to get other relevant cases.

Comments

COYNE v. STATE
(Aug 30, 2000)