In Washington, felony driving under the influence (DUI) requires a showing that the defendant in the courtroom has been convicted of previous DUIs within ten years. The State has the burden to show that the person named in earlier judgments or court documents and the defendant presently sitting in the courtroom is the same person – paperwork is not enough.
On September 15, of 2011, the Third Division of the Washington Court of Appeals ruled that the prosecutor has the burden of providing comparison evidence for a jury to determine that the person in the courtroom is the same person as the person named in the paperwork (judgement and sentencing) of prior convictions. In State v. Santos, the prosecutor merely admitted certified copies of the paperwork but presented no evidence that the person in the courtroom is the same person. The jury had no basis for making any simple comparisons such as address, birth date, photographs, booking photos, fingerprints, or eyewitness evidence.
The case was remanded back to the lower court for sentencing on the misdemeanor level. And you can guess what the sentence was on remand.
Rule of Santos – Paperwork isn’t enough to prove the person in the courtroom has prior convictions
State of Washington v. Heraquio Ceja Santos, Court of Appeals of Washington, Division III, No. 28983-4-III (September 15, 2011)