STATE v. BROWN

No. 4D07-3828.

995 So.2d 1034 (2008)

STATE of Florida, Appellant, v. William BROWN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 5, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellant.

Forrest S. Freedman of the Law Offices of Forrest Freedman, P.A., Fort Lauderdale, for appellee.


TAYLOR, J.

The State of Florida appeals an order granting the defendant's motion to prohibit the state from using an uncounseled prior DUI conviction to enhance the defendant's current DUI charge to a felony. We reverse, concluding that the uncounseled prior DUI conviction can be used for enhancement because the defendant did not actually receive a sentence of imprisonment in the prior case nor face a sentence exceeding six months in that case.

The defendant...

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