In State v. Jameson Division II of the Washington Court of Appeals joins the party of appellate courts deciding how priors in felony DUI cases shall be presented to the jury. Mr. Jameson argued that the State failed to prove one of his priors and that his defense lawyer failed to fight the introduction of the priors in an effective manner. Division II didn’t agree with him.
Felony DUI requires proof of four DUI convictions within ten years. One of the priors in this case was established with a certified docket from King County and no witness. Mr. Jameson’s attorney objected but didn’t specify what the basis of the objection was giving rise to the ineffective assistance of counsel claim. The Court found that the general objection failed to preserve the issue but considered it in the interests of judicial economy.
So the question here is whether or not a certified docket without any witness testimony is sufficient proof of a prior conviction? Division II says, “yes.” They found plenty of identification information matching Mr. Jameson – DOB, drivers license number, physical description of height, weight, hair and eye color. Division II did not address the lack of a judgement and sentence or corroboration of the dockets accuracy
The confrontation of witnesses appears to not have been raised in this case.
Rule of Jameson – Certified copies of dockets without any witness can establish a prior in a felony DUI case.
State v. Raymall A. Jameson, Court of Appeals Division II, No. 39774-9-II, UNPUBLISHED OPINION, June 28, 2011.