HYDEN v. STATE

No. 2D10-1184.

117 So.3d 1 (2011)

Jamie Allen HYDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 24, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Chief Judge.

Jamie Allen Hyden seeks review of his judgment and sentence for felony DUI as a fourth-time offender. He argues that the trial court erred in denying his motion to dismiss because he did not have the three qualifying misdemeanor convictions necessary for the felony offense. We agree and reverse.

Section 316.193(2)(b)(3), Florida Statutes (2008), provides that a fourth conviction for a DUI misdemeanor...

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