DYRON TUCKER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court overruled Parker v. State to adopt the federal Old Chief standard for proving convicted felon status in firearm violation cases, requiring that defendants be allowed to stipulate to prior convictions rather than have the substance of those convictions presented to the jury.
A defendant in a firearm violation case may stipulate to prior felony convictions, and the prosecution cannot introduce the substance of those convictions to the jury absent a showing that the probative value of the conviction's details substantially outweighs the risk of unfair prejudice.
[1] In firearm violation cases, a defendant may stipulate to prior felony convictions, and the prosecution may not introduce the substance of those convictions to the jury un…
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Join FLexlaw to unlock all legal intelligenceTucker was charged with a firearm violation and the trial court allowed the prosecution to introduce evidence of the substance of his prior felony con…
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PER CURIAM.
We have for review the decision in Tucker v. State, 706 So. 2d 93 (Fla. 3d DCA 1998). We accepted jurisdiction to answer the following question certified to be of great public importance:
SHOULD THE DECISION IN PARKER V. STATE, 408 So. 2d 1037 (Fla.1982), BE OVERRULED IN FAVOR OF THE ANALYSIS OF THE EVIDENTIARY REQUIREMENTS FOR PROOF OF CONVICTED FELON STATUS IN FIREARM VIOLATION CASES ESTABLISHED FOR FEDERAL COURTS IN OLD CHIEF V. UNITED STATES, 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997)?
Id. at 94. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered the same certified question in the affirmative in Brown v. State, 719 So. 2d 882 (Fla.1998). We also remanded the case for a new trial because we were unable to conclude that the erroneous introduction of the substance of Brown’s prior felony convictions to the jury was harmless beyond a reasonable doubt. Id., at 884 n. 1. In so doing, we made clear that our decision was prospective only, except for the instant case and “those cases pending where the issue has been preserved.” Id. at 884 n. 1. Because we find that to be the case here, we answer the certified question in the affirmative, quash the decision under review, and remand this case to the Third District for reconsideration in light of our decision in Brown.
It is so ordered.
SHAW, KOGAN, ANSTEAD and PARIENTE, JJ., concur. HARDING, C.J., concurs in part and dissents in part with an opinion.
OVERTON and WELLS, JJ., dissent.
HARDING, Chief Justice,
concurring in part and dissenting in part.
I concur in part and dissent in part for the reasons stated in my concurring in part and dissenting in part opinion in Brown v. State, 719 So. 2d 882 (Fla.1998).
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Dyron Tucker v. State, 724 So. 2d 603 (Fla. 3d DCA 1998)…PER CURIAM. Based upon the decisions of the Florida Supreme Court in Brown v. State, 719 So. 2d 882, 23 Fla. L. Weekly S535 (Fla.1998), and Tucker v. State, 720 So. 2d 209, 23 Fla. L. Weekly S544 (Fla.1998) we vacate our prior opinion in this case; reverse the defendant’s conviction; and remand for a new trial.…
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Perez v. Dept. of Corrections, 227 F. Supp. 2d 1298 (S.D. Fla. 2002)…nions en banc. In addition, it is well-settled that the Florida Supreme Court hears appeals involving issues of great public importance when the issue is identical to one it recently involved in another case. See, e.g., Tucker v. State, 720 So.2d 209 (Fla.1998) (accepting jurisdiction on a issue certified of great public importance by a District Court of Appeal after resolving the same issue in another case so certified a year earlier); State v. W.S.L., 485 So.2d 421 (Fla.1986) (same).…
Authorities Cited
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997)
- Phillips v. State, 719 So. 2d 882 (Fla. 1998)
- Parker v. State, 408 So. 2d 1037 (Fla. 1982)
- Dyron Tucker v. State, 706 So. 2d 93 (Fla. 3d DCA 1998)