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Johnson v. State6/18/1999
to state a substantive element of the offense. Additionally, the State argues that the question in and of itself did not prejudice the appellant, and was, therefore, if error at all, harmless error. However, based upon the Supreme Court's ruling in Ex parte Parker, the admission of the appellant's prior DUI convictions to prove a substantive element of the charged offense of felony DUI was improper. Pursuant to that ruling, in felony DUI cases, evidence of prior convictions is not for the jury to consider in determining guilt but is to be considered by the trial court for enhancement purposes only.
The judgment of the trial court is reversed and this cause remanded for proceedings consistent with this opinion.
REVERSED AND REMANDED.
Long, P.J., and Cobb, Baschab, and Fry, JJ., concur.
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