State v. Lainez

We affirm, in part, an order granting Lainez’s motion to dismiss for lack of jurisdiction.

Lainez was charged with felony DUI, pursuant to section 316.193, Florida Statutes, based on five prior DUI convictions. It is undisputed that his conviction of four counts of DUI serious bodily injury and one count of DUI arose from a single driving episode involving a single traffic accident.

Section 316.193(2)(b), Florida Statutes, provides that “[a]ny person who is convicted of a fourth or subsequent [DUI conviction] is guilty of a felony of the third degree.... ” We conclude that prior convictions…