STATE v. PELICANE

No. 98-835.

729 So.2d 534 (1999)

The STATE of Florida, Appellant, v. Douglas PELICANE, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Amy D. Ronner, Special Assistant Public Defender, and Jamie Lappas, and Anna Avrasin, and Annabel Majewski, Certified Legal Interns, for appellee.

Before GERSTEN, GODERICH, and GREEN, JJ.


PER CURIAM.

The State appeals the trial court's refusal to adjudicate the defendant, Douglas Pelicane, guilty of felony DUI. We affirm.

The defendant was found guilty of DUI and a hearing was held to determine whether this conviction constituted a felony. In order to prove felony DUI, the State had to establish that the defendant had at least three prior DUI convictions. See § 316.193(2)(b), Fla. Stat. (1997). At the hearing, the State presented...

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