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STATE v. KELLY

No. 4D06-1039.

946 So.2d 1152 (2006)

STATE of Florida, Appellant, v. Glenn KELLY, Appellee.

District Court of Appeal of Florida, Fourth District.

December 20, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellant.

Frank A. Maister, Fort Lauderdale, for appellee.

KLEIN, J.

After Kelly was charged with felony DUI, he moved to dismiss the information on the ground that he was being charged with a felony based on two earlier DUIs and, because the earlier DUIs were uncounseled misdemeanors, they could not be used to enhance this DUI to a felony. The trial court granted the motion, and the state appeals. The ultimate answer to the question depends on whether the Florida Supreme Court adheres to Hlad v. State,

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