DAVIS v. STATE

No. 4D08-1222.

31 So.3d 887 (2010)

Kenneth M. DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 24, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Kenneth Davis was adjudicated guilty of third-degree felony DUI. Though a jury found Davis guilty of driving under the influence, the record is devoid of any evidence of the predicate prior offenses necessary to sustain a conviction for felony DUI, so we reverse.

Davis was charged by information with felony DUI pursuant to sections 316.193(1) and 316.193(2)(b)1., Florida Statutes (2005), which provide that a defendant is guilty of a felony DUI...

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