SC07-368 – Dale Johnson v. State of Florida

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State: Florida

Docket No: SC07-368

Case Date: 01/10/2008

Preview:Supreme Court of Florida
____________ No. SC07-368 ____________ DALE JOHNSON, Petitioner, vs. STATE OF FLORIDA, Respondent. [September 18, 2008] LEWIS, J. We have for review Johnson v. State, 944 So. 2d 474 (Fla. 4th DCA 2006), which expressly and directly conflicts with the decisions in State v. Upton, 658 So. 2d 86 (Fla. 1995), and Tucker v. State, 559 So. 2d 218 (Fla. 1990). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. We approve the ultimate result of the decision under review but disapprove the reasoning to the extent it is inconsistent with this opinion. FACTUAL AND PROCEDURAL HISTORY The facts of the underlying action were summarized in the opinion of the Fourth District Court of Appeal as follows:

The State charged Johnson with, inter alia, felony [driving under the influence ("DUI")]. The information alleged that Johnson's faculties were impaired and that he had three prior DUI convictions. The trial court conducted a jury trial on the single, present incident of DUI at issue [this incident occurred on August 4, 2004] without allowing the jury to learn of the alleged prior misdemeanor DUI offenses. After the jury returned a guilty verdict as to the present incident, it was excused and, based on the parties' previous stipulation, the trial court proceeded without a jury to determine whether Johnson had been convicted of DUI on three or more prior occasions. The trial court ascertained that Johnson had three previous DUI convictions from his Florida Department of Highway Safety and Motor Vehicle Division of Driver's Licenses Transcript of Driver Record ["driving record"]. Based on Johnson's prior convictions and the verdict of the jury, the court adjudicated Johnson guilty of felony DUI. Johnson, 944 So. 2d at 476. On appeal, the Fourth District held, in part, that Johnson's right to a jury trial was not violated when the trial judge determined that Johnson had three prior DUI convictions. See id. at 475. The Fourth District reasoned that notwithstanding the trial judge's failure to "conduct a colloquy with Johnson concerning waiver," Johnson's counsel stipulated to a second-phase bench trial, which constituted a valid oral waiver of Johnson's right to a jury trial during the second phase of the felony DUI proceeding. Id. at 476-77. This review followed. ANALYSIS Applicable Law In Florida, felony DUI is defined as follows:

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3. Any person who is convicted of a fourth or subsequent violation of [the DUI statute], regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $1,000.

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