BAKER v. STATE

No. 5D12-4908.

115 So.3d 1081 (2013)

Phillip Martin BAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 21, 2013.


Attorney(s) appearing for the Case

Matthew R. McLain of Brownstone, P.A., Winter Park, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Bonnie Jean Parrish and Ann Phillips , Assistants Attorney General, Daytona Beach, for Appellee.


COHEN, J.

Phillip Martin Baker timely appeals from the order denying his rule 3.850 motion. We agree with Baker that the motion is not procedurally barred and reverse.

In 2010, Baker was charged with felony driving under the influence ("DUI") for a third DUI violation within ten years after a prior DUI conviction. See § 316.193(2)(b), Fla. Stat. (2010). Baker entered a plea of nolo contendere to the lesser included offense of misdemeanor DUI, in...

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