Riggins v. State

The appellant challenges the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings on the appellant’s allegation that trial counsel was ineffective for failure to investigate and to discover that his first DUI conviction was uncounseled, and thus, the first conviction was invalid for enhancing his fourth DUI to a third-degree felony.

Section 316.193(2)(b), Florida Statutes (1997), provides that a defendant should be charged with a third-degree felony for a DUI if he…