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Parker v. State

Supreme Court of Florida
Jan 7, 1982
408 So. 2d 1037 (Fla. 1982)

Summary

recognizing the State's burden of proving, within a standard unitary trial, the element of being a convicted felon in a prosecution for possession of a firearm by a convicted felon

Summary of this case from State v. Harbaugh

Opinion

No. 59947.

January 7, 1982.

Appeal from the Circuit Court, St. Lucie County, Royce R. Lewis, J.

Richard L. Jorandby, Public Defender and Charles D. Peters, Chief, Appellate Division, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen. and Laura R. Morrison and Max Rudmann, Asst. Attys. Gen., West Palm Beach, for respondent.


On the basis of express conflict of decisions, Parker asks us to review a ruling of the Fourth District Court of Appeal, reported as Parker v. State, 389 So.2d 336 (Fla. 4th DCA 1980). We have jurisdiction and approve Parker.

Conflict with Fouts v. State, 374 So.2d 22 (Fla. 2d DCA 1979). Art. V § 3(b)(3), Fla. Const.

Parker was charged with two counts of aggravated assault and with one count of possession of a firearm by a convicted felon. In proving the possession charge the state introduced, over objection, a certified copy of a judgment and sentence for breaking and entering with intent to commit grand larceny to establish Parker's prior conviction. Defense counsel had offered to stipulate to the previous conviction, but the state refused the offer.

The certified copy was similar to the form set out in rule 3.986 of the Florida Rules of Criminal Procedure.

The question before us is whether the state may refuse a defendant's offer to stipulate to a prior felony conviction and prove the conviction by the use of a certified copy of the judgment when the fact of the conviction is an essential element of the crime charged.

We previously held in Arrington v. State, 233 So.2d 634 (Fla. 1970), that the state is not bound by the defendant's offer to stipulate to essential elements of the crime, stating that exclusion of such relevant evidence is left to the discretion of the trial court based on traditional grounds. Section 790.23(1), Florida Statutes (1977), prohibiting the possession of a firearm by a convicted felon, makes a prior conviction an essential element of the crime. Therefore, proof of conviction is relevant evidence and is admissible unless its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading of the jury, or needless presentation of cumulative evidence.

§§ 90.402 and 90.403, Fla. Stat. (1979). Although not in effect at the time of Parker's trial, § 90.403 codified the then pre-existing case law governing the admissibility of evidence.

In the present case the probative value of the evidence is not substantially outweighed by any of these considerations. The decision of the district court is approved. We disapprove Fouts v. State, 374 So.2d 22 (Fla. 2nd DCA 1979), to the extent it conflicts with this opinion.

It is so ordered.

SUNDBERG, C.J., and ADKINS, BOYD, OVERTON and ALDERMAN, JJ., concur.


Summaries of

Parker v. State

Supreme Court of Florida
Jan 7, 1982
408 So. 2d 1037 (Fla. 1982)

recognizing the State's burden of proving, within a standard unitary trial, the element of being a convicted felon in a prosecution for possession of a firearm by a convicted felon

Summary of this case from State v. Harbaugh

In Parker v. State, 408 So.2d 1037 (Fla. 1982), relying on our earlier decision in Arrington v. State, 233 So.2d 634 (Fla. 1970), we held that the State could refuse a defendant's stipulation to establish the "convicted felon" element of the crime of illegal possession of a firearm by a convicted felon.

Summary of this case from Brown v. State

In Parker, we approved the introduction of a certified copy of a judgment and sentence on a prior conviction similar to the form set out in Florida Rule of Criminal Procedure 3.986.

Summary of this case from Brown v. State

In Parker, we approved the introduction of a certified copy of a judgment and sentence on a prior conviction similar to the form set out in Florida Rule of Criminal Procedure 3.986.

Summary of this case from Williams v. State

In Parker, we held that the state may introduce into evidence the particulars of a defendant's prior felony conviction for breaking and entering with intent to commit grand theft in a prosecution for possession of a firearm by a convicted felon.

Summary of this case from Williams v. State

In Parker v. State, 408 So.2d 1037 (Fla. 1982), it was held that in the trial of a charge of possession of a firearm by a convicted felon "proof of conviction is relevant evidence and is admissible unless its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading of the jury, or needless presentation of cumulative evidence."

Summary of this case from Sumpter v. State

In Parker, the Supreme Court held that, as regards a charge of possession of a firearm by a convicted felon, the state is entitled to prove a prior conviction by use of a certified copy of the judgment of conviction unless its probative value is "substantially" outweighed by danger of unfair prejudice, confusion of issues, misleading of the jury or needless presentation of cummulative evidence.

Summary of this case from Nickerson v. State
Case details for

Parker v. State

Case Details

Full title:W.T. PARKER, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Jan 7, 1982

Citations

408 So. 2d 1037 (Fla. 1982)

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