KIRBY v. STATE

No. 98-778.

765 So.2d 723 (1999)

Paul W. KIRBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 17, 1999.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Sherri Tolar Rollison, Assistant Attorney General; James W. Rogers, Chief— Criminal Appeals, Tallahassee, for Appellee.


BENTON, J.

Paul Kirby appeals his conviction for driving under the influence of alcohol. On grounds this was his fourth such conviction, he was adjudicated guilty of a felony, rather than of a misdemeanor. We reject his contention that the evidence was insufficient to support the jury's verdict. He also contends that one of the predicate convictions should have been excluded from consideration because it was obtained in violation of his right to counsel. On the authority...

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