Flowers v. State

In Flowers v. State, 220 S.W.3d 919 (Tex. Crim. App. 2007), the State offered into evidence a certified copy of the appellant's driver's license record and a computer printout from the Dallas County clerk showing a prior conviction for a DWI. Id. at 920-21. Both documents contained the same name, date of birth, address, personal descriptors, and information concerning the DWI conviction. Id. at 921. The driver's license record also had a picture of the person named on the document so that the fact finder could compare it to the person in the courtroom. Id. at 925. The court held that the documents, considered together, were sufficient to prove beyond a reasonable doubt the existence of the appellant's prior DWI conviction. Id. The Texas Court of Criminals Appeals was called on to determine whether the intermediate appellate court had erred "in holding a computer printout to be the functional equivalent of a judgment and sentence constituting proof beyond a reasonable doubt of a valid final conviction." Id. at 920. Flowers had been charged with DWI, and the State had alleged a prior DWI conviction in an enhancement paragraph. See id. In response to the State's request for certified copies of the judgment, information, revocation, orders, and fingerprints in the enhancement offense, the county clerk's office explained that the file was missing and sent, in lieu of the requested documents, a certified computer printout of appellant's conviction record. Id. The State also requested and received a certified copy of Flowers's driver's license record from the Texas Department of Public Safety (DPS). Id. The DPS record was admitted as Exhibit 10 and included appellant's name, sex, date of birth, age, address, driver's license number, and a copy of his driver's license photograph. Id. It also identified a DWI conviction by date, county, convicting court, and docket number. See id. As Exhibit 11, the State offered the clerk's office's certified computer printout of Flowers's conviction record. Id. This record included Flowers's name, date of birth, address, social security number, date of arrest, charged offense, finding of guilt, sentence, and the judicial case identification number. Id. at 921. The court noted that the information included on Exhibits 10 and 11 matched. See id. An investigator for the State testified that the information on the records matched and that both exhibits referred to the same individual. See id. On appeal, Flowers challenged the admissibility of the certified computer printout from the clerk's office and also maintained that the evidence was insufficient to prove his prior conviction. See id. The State may prove both that a prior conviction exists and that the defendant is linked to that conviction in a number of different ways. See id. at 921-22. "Regardless of the type of evidentiary puzzle pieces the State offers to establish the existence of a prior conviction and its link to a specific defendant, the trier of fact determines if these pieces fit together sufficiently to complete the puzzle." Id. at 923. "If these two elements can be found beyond a reasonable doubt, then the various pieces used to complete the puzzle are necessarily legally sufficient to prove a prior conviction." Id. The Texas Court of Criminal Appeals has provided the following means as examples of ways in which the State may prove both of these elements: (1) the defendant's admission or stipulation; (2) testimony by a person who was present when the person was convicted of the specified crime and can identify the defendant as that person, or; (3) documentary proof (such as a judgment) that contains sufficient information to establish both the existence of a prior conviction and the defendant's identity as the person convicted. See id. at 921-22. In Flowers v. State, the State used a "certified copy of a computer printout" from the Dallas County Clerk to establish that the defendant had been previously convicted of the offense of driving while intoxicated ("DWI"). 220 S.W.3d at 924-25. The printout set out that the defendant had been convicted on August 18, 1995 of the offense of DWI and sentenced to confinement for 45 days. Id. And it contained his birthdate, address, social security number, and other personal descriptors. Id. at 925. The trial court also admitted the defendant's driver's license record, which matched the personal information contained in the clerk's record. Id. The defendant challenged the use of the computer printout on the ground that it was not a certified copy of a final judgment. Id. at 920-21. The court of criminal appeals, in holding this evidence legally sufficient to prove that the defendant had been previously convicted as alleged, explained that "the important issue [was] not whether [the exhibit] represent[ed] a judgment of conviction or its functional equivalent," but whether a "reasonable trier of fact could view [the exhibit] and find beyond a reasonable doubt" that the alleged prior conviction existed and was linked to the defendant. Id. at 924.