Thomas v. State
The Fourth DCA held that a defendant's signed written stipulation acknowledging his convicted-felon status, without an on-the-record oral colloquy, satisfied Brown v. State's requirement that the defendant personally acknowledge and waive his right to have the jury determine that element beyond a reasonable doubt. The court distinguished recent Third District decisions (Presha and Harris) reversing similar convictions, because in those cases there was no recorded personal acknowledgment—oral or written—of the stipulation, whereas here the defendant's signature itself served that function.
Key facts
- Defendant was convicted of a crime requiring proof that he was a convicted felon.
- Defendant signed a written stipulation acknowledging his convicted-felon status, but there was no on-the-record oral colloquy regarding the stipulation.
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Why it matters
This opinion gives prosecutors and defense counsel a practical roadmap for compliant felon-in-possession stipulations: a properly worded, defendant-signed stipulation can substitute for an on-the-record Brown colloquy… — full analysis with a trial
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