ANDRES v. STATE

No. 4D04-4533.

898 So.2d 256 (2005)

Juan F. ANDRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 16, 2005.


Attorney(s) appearing for the Case

Juan F. Andres, Miami, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

In his Rule 3.850 motion, which was summarily denied by the trial court, Andres contended that his trial counsel was ineffective for not objecting that his 1995 and 2003 misdemeanor DUI convictions were uncounseled and could not be used to enhance the current DUI to a felony.

Andres had the initial burden to establish that an uncounseled conviction could not be used to enhance the current charges, and was required to allege the following under...

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