![]() ![]() To sustain a conviction under section 322.34(5), the State must prove “(1) that while defendant's license was revoked as an ‘habitual offender’ (2) he drove a motor vehicle upon the highways of this state.” Arthur v. We hold that a self-authenticating driving record is not testimonial hearsay and affirm Card's conviction. Card argues that driving records are testimonial hearsay consequently, the rights guaranteed to him by the Confrontation Clause of the Sixth Amendment were violated when his driving record was introduced at trial without a showing that the records custodian of the Florida Department of Highway Safety and Motor Vehicles (“DHSMV”) was unavailable and that he had a prior opportunity to cross-examine that person. James Card appeals his conviction for driving while his license was revoked as an habitual offender, in violation of section 322.34(5), Florida Statutes (2004). ![]() Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. Purdy, Public Defender, and Allison Havens, Assistant Public Defender, Daytona Beach, for Appellant. District Court of Appeal of Florida,Fifth District. ![]()
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