HLAD v. STATE

No. 88-2389.

565 So.2d 762 (1990)

Albert HLAD, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 13, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.

EN BANC


COBB, Judge.

The defendant below, Albert Hlad, Jr., pled guilty to, and was convicted and sentenced for, a fourth DUI offense. On appeal he urges that the trial court erred in disallowing withdrawal of his plea and not striking a prior 1978 DUI conviction. He argues, inter alia, that his earlier DUI conviction was uncounseled (i.e., he was not afforded court appointed counsel and did not waive counsel) and therefore it may not be used to enhance the...

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