Richard H. Morrison v. Florida
SocialSecurity Securities Immigration
Is the state required to prove the defendant qualifies as a PRR by a preponderance of the evidence?
QUESTION(S) PRESENTED It is true the state has the burden of proving by a preponderance of the evidence that the defendant qualifies as a PRR as defined in the statute Florida Statute 775.082? It is true the state must provide record evidence of date, case number, and the name of the prison facility not solely relying on inadmissible hearsay? Is it permissible for a trial court to take judicial notice of its own files, but the trial Judge has to put such evidence in the record of each case when sentencing a defendant as an habitual felony offender and a Prison Release Reoffender? Why is the state so afraid to supplement the record to establish the defendant’s release date? ii