Harris v. State
Harris was convicted of possession of a firearm by a convicted felon after defense counsel stipulated to his felon status without any on-the-record colloquy confirming Harris personally, knowingly and voluntarily waived his right to have the State prove that element. The State conceded it never introduced a certified copy of the prior conviction or other proof of felon status, leaving the evidence legally insufficient on an essential element. The Third DCA held this was fundamental error, reversed the conviction, and remanded for entry of a judgment of acquittal.
Key facts
- Harris was charged with possession of a firearm by a convicted felon after police found him in possession of a firearm.
- At trial, defense counsel stipulated to Harris's status as a convicted felon without conducting an on-the-record colloquy with Harris personally, and the State presented no certified copy of the prior conviction or other proof of felon status.
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Why it matters
This decision reinforces and applies the Florida Supreme Court's Brown v. State colloquy requirement for felon-status stipulations in felon-in-possession prosecutions, and aligns with the Third DCA's own recent Presha… — full analysis with a trial
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