District Court of Appeal of Florida March 24, 2010, 4D08-1222 (Davis v. State)

STEVENSON, J.

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.