Davis v. State

Kenneth Davis was adjudicated guilty of third-degree felony DUI. Though a jury found Davis guilty of driving under the influence, the record is devoid of any evidence of the predicate prior offenses necessary to sustain a conviction for felony DUI, so we reverse.

Davis was charged by information with felony DUI pursuant to sections 316.193(1) and 316.193(2)(b)l., Florida Statutes (2005), which provide that a defendant is guilty of a felony DUI if he “is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this…