County Criminal Court: CRIMINAL LAW – Sentencing – As long as enhanced penalty remains a misdemeanor, then the State need not allege prior DUI convictions in charging document. Judgment and sentence affirmed. Wagner v. State, No. CRC 04-25 APANO, (Fla. 6th Cir.App.Ct. June 29, 2005).

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

JAMES LEON WAGNER

 

            Appellant,

 

v.

 

Appeal No. CRC 04-00025 APANO

                                                                  UCN522004AP000025XXXXCR

STATE OF FLORIDA

 

            Appellee.

____________________________/

 

 

Opinion filed ________________.

 

Appeal from a judgment and sentence

entered by the Pinellas County Court

County Judge Sonny Im

 

Sara Bryson, Esq.

Assistant Public Defender

 

Eric Herrmann, Esq.

Assistant State Attorney

 

ORDER AND OPINION

 

            THIS MATTER is before the Court on James Wagner’s appeal from a judgment and sentence entered by the Pinellas County Court. After reviewing the briefs and record, this Court affirms the judgment and sentence.

            The defendant claims that his sentence is improper. The record reflects that the defendant’s sentence for his DUI conviction was enhanced (more time in jail) because he had prior DUI convictions. A review of the record reveals that the State put on the record sufficient information to establish that the defendant had committed prior DUI’s. The defendant claims the enhancement was improper because the State failed to notify him in the charging document that it was seeking an enhanced penalty.

            This same issue, however, was addressed in the case of State v Haddix, 668 So.2d 1064 (Fla. 4th DCA 1996). In Haddix, the appellate court held that as long as the enhanced penalty remained a misdemeanor, then the State need not allege prior convictions in the charging document. Since the defendant’s enhanced sentence was still a misdemeanor, the State did not need to allege prior convictions in the charging document. The sentence was proper.         

            IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of June, 2005.

 

 

                                                                                                ______________________

                                                                                                        Nancy Moate Ley

                                                                                                            Circuit Judge

 

 

 

 

                                                                                                _____________________

                                                                                                       R. Timothy Peters 

                                                                                                         Circuit Judge

 

 

 

 

                                                                                                _______________________

                                                                                                            John A. Schaefer         

                                                                                                               Circuit Judge

cc:   State Attorney

        Public Defender

        Judge Im