STATE of Florida, Petitioner,
v.
Glenn KELLY, Respondent.
Supreme Court of Florida.https://leagle.com/images/logo.png
December 30, 2008.
December 30, 2008.
Attorney(s) appearing for the Case
Bill McCollum, Attorney General, Tallahassee, FL, Celia Terenzio, Bureau Chief, Assistant Attorney General, Mitchell A. Egber, Assistant Attorney General, Daytona Beach, FL, for Petitioner.
Frank A. Maister and Garrett Elsinger, Fort Lauderdale, FL, for Respondent.
Paula S. Saunders, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, and Michael Robert Ufferman, Tallahassee, FL, on behalf of The Florida Association of Criminal Defense Lawyers, as Amicus Curiae.
Supreme Court of Florida.
LEWIS, J.
In this case, we review the decision of the Fourth District Court of Appeal in State v. Kelly,946 So.2d 1152 (Fla. 4th DCA 2006), in which the Fourth District certified the following question to be one of great public importance:
CAN AN UNCOUNSELED PRIOR MISDEMEANOR CONVICTION, IN WHICH THE DEFENDANT COULD HAVE BEEN INCARCERATED FOR MORE THAN SIX MONTHS, BUT WAS NOT INCARCERATED FOR ANY PERIOD, BE USED...
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