Madison v. State

SHIVERS, Judge.

Appellant Madison was charged in June 1987 with felony DUI in violation of section 316.193(2)(b), Florida Statutes, which provides that “[a]ny person who is convicted of a fourth or subsequent violation of subsection (1) is guilty of a felony of the third degree....” In November 1987, appellant filed a motion to dismiss pursuant to Fla.R. Crim.P. 3.190(c)(4), alleging that two of his three prior DUI convictions were uncoun-seled and, therefore, could not be considered in charging him with felony DUI. The trial court dismissed the felony charge, retained jurisdiction over the…