State v. Kelly
| Decision Date | 12 February 2007 |
| Docket Number | No. SC07-95.,SC07-95. |
| Citation | 949 So.2d 199 |
| Parties | STATE v. KELLY. |
| Court | Florida Supreme Court |
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3 cases
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State v. Brown
...for any period, be used to enhance a current charge from a misdemeanor to a felony? Id. Kelly is currently on review. State v. Kelly, 949 So.2d 199 (Fla.2007), rev. In this case, the supreme court's ultimate answer to the question posed in Kelly does not matter. This is because the defendan......
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Comeaux v. State, No. 5D07-3656.
... ... Stat. (2006) ... 2. Under Hlad, the State is also barred from using a conviction obtained pursuant to an uncounseled plea for later enhancement where the conviction could have resulted in the defendant's imprisonment for more then six months. Hlad, 585 So.2d at 928. As explained in State v. Kelly, 946 So.2d 1152, 1153 (Fla. 4th DCA 2006), rev. granted, 949 So.2d 199 (Fla.2007), in reaching this result "the Hlad court relied primarily on Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980), which was not entirely clear as to whether it is actual imprisonment, or the ... ...
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Rafine v. State
... ... PER CURIAM ... Appellant filed a postconviction motion alleging that counsel was ineffective in failing to advise him that his prior uncounseled DUI convictions could not be used to enhance his fourth DUI offense to a felony. See State v. Kelly, 946 So.2d 1152 (Fla. 4th DCA), rev. granted, 949 So.2d 199 (Fla.2007). Appellant did not state a sufficient claim for postconviction relief because he did not sufficiently allege that he was entitled to, and deprived of, appointed counsel in the prior cases. Davis v. State, 710 So.2d 116, 117 ... ...