Freddie Beckham, III v. Commonwealth of Virginia
67 Va. App. 654
| Va. Ct. App. | 2017Background
- Freddie Beckham was stopped after traffic violation, found smelling of alcohol, performed poorly on sobriety tests, arrested for DUI, and refused a breathalyzer after implied-consent warnings.
- At trial the Commonwealth introduced two prior Florida DUI convictions (Fla. Stat. § 316.193) from 2006 and 2013; the Florida conviction records did not specify subsections violated.
- Trial court accepted a conditional plea on the Virginia DUI charge and convicted Beckham of refusal after a bench trial; both charges were enhanced using the Florida convictions under Virginia recidivist statutes, producing greater classes of offense and an active sentence.
- Appellant appealed only the legal question whether Florida’s DUI statute is "substantially similar" to Va. Code § 18.2-266 so as to qualify as prior convictions under Va. Code § 18.2-270(E) (and § 18.2-268.3(D)).
- The Court of Appeals reviewed the substantial-similarity question de novo as a legal issue and affirmed the trial court, holding Florida and Virginia DUI statutes substantially similar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida DUI convictions qualify as prior § 18.2-266 convictions because Fla. Stat. § 316.193 is "substantially similar" to Va. Code § 18.2-266 | Commonwealth: Florida statute contains impairment and per se provisions that match Virginia's elements and presumptions; convictions under Florida would be convictions under Virginia law | Beckham: Florida law differs (e.g., labels "strict liability" for per se provisions; statutory text lacks explicit "while" language) and may permit convictions for conduct not criminal under Virginia | Court: Florida and Virginia impairment and per se provisions are substantially similar; Florida convictions properly admitted for enhancement under § 18.2-270(E) |
Key Cases Cited
- Dean v. Commonwealth, 61 Va. App. 209, 734 S.E.2d 673 (2012) (standard for admission of out-of-state convictions and burden shifting on substantial similarity)
- Mason v. Commonwealth, 64 Va. App. 599, 770 S.E.2d 224 (2015) (definition and review of "substantially similar")
- Dillsworth v. Commonwealth, 62 Va. App. 93, 741 S.E.2d 818 (2013) (determination of substantial similarity is a question of law reviewed de novo)
- Cox v. Commonwealth, 13 Va. App. 328, 411 S.E.2d 444 (1991) (out-of-state statute not substantially similar if it criminalizes conduct not prohibited by Virginia)
- Rolle v. State, 560 So. 2d 1154 (Fla. 1990) (Florida law: impairment may be proved without chemical testing; characterization of statutory structure)
- Cardenas v. State, 867 So. 2d 384 (Fla. 2004) (Florida DUI: impairment and unlawful BAC are alternative methods of proving the same offense)
- Davis v. Commonwealth, 8 Va. App. 291, 381 S.E.2d 11 (1989) (discussion of difficulties proving impairment and the role of presumptions)