MARSHALL STEPHEN SMENNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-07-18
No. 4D99-3825
GUNTHER, KLEIN and HAZOURI, JJ., concur.
789 So. 2d 1205 Florida District Court of Appeal, Fourth District (2001)


Opinion of the Court
PER CURIAM.

[*1206] PER CURIAM.

In State v. Harbaugh, 754 So. 2d 691 (Fla.2000), the Florida Supreme Court held that, if prior convictions are elements of a crime, the prior convictions must be established by proof beyond a reasonable doubt. Appellant was convicted of felony driving under the influence and felony driving while license suspended following a trial which was conducted prior to Har-baugh, and in which the state failed to prove beyond a reasonable doubt the prior DWLS and DUI convictions which are elements, respectively, of felony DWLS and felony DUI. We accordingly reverse his felony convictions and remand for the trial court to reduce the convictions to misdemeanor DWLS and misdemeanor DUI. We find the remaining issues raised by appellant to be without merit.

GUNTHER, KLEIN and HAZOURI, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw