STATE v. DUNNING

No. 2D08-1233.

995 So.2d 1162 (2008)

STATE of Florida, Appellant, v. Darrell M. DUNNING, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellant.

Philip Averbuck of Law Offices of Philip Averbuck, P.A., Bartow, for Appellee.


STRINGER, Judge.

The State seeks review of the trial court's order granting Dunning's motion to dismiss a felony DUI charge because it was enhanced to a felony by using a prior uncounseled conviction for which Dunning was imprisoned. The State argues that Dunning was not imprisoned for the prior uncounseled conviction because he was sentenced to time served. We agree and reverse.

A defendant may not be imprisoned for any offense, even a misdemeanor, unless...

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