Bifurcated Proceeding In a DUI Case
In State v. Harbaugh, 754 So. 2d 691 (Fla. 2000), a felony DUI case, the Court held that a bifurcated proceeding was necessary when the defendant is convicted of a substantive offense and prior convictions create a reclassification of the statutory penalty, thereby requiring a jury finding.
In such a bifurcated proceeding, the jury must make the finding that the defendant had previously been convicted of the qualifying offenses for reclassification of the current offense. Id. at 694.
Instruction 3.3(g) is intended to ensure that a jury makes the findings required by Harbaugh.