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Ward v. State2/27/2002
1999).
In this case, however, the judge had evidence that went beyond copies of driving records or computer printouts. The state had moved the court to take judicial notice of the entire court file from appellant's 1989 conviction, as provided in section 90.202(6), Florida Statutes.
Appellant does not argue any abuse of discretion in the court so taking judicial notice - only that the evidence was insufficient to meet the state's burden. Because the court file from the prior 1989 conviction provided the evidence detailed above , which clearly pointed to the appellant as being the same person who was convicted of DUI in 1989, together with the inference it was a second DUI conviction because of the five-year suspension, constitutes a basis for the fact-finder to determine this was a fourth DUI, beyond a reasonable doubt.
As to appellant's second issue, that it was error for the trial judge to conduct the second part of the bifurcated proceedings - whether there were three or more prior convictions for DUI - without a jury, we agree with the appellee that appellant waived this issue before the trial court. See, e.g., Harbaugh v. State, 711 So. 2d 77 (Fla. 4th DCA 1998).
AFFIRMED.
STONE and STEVENSON, JJ., concur.
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