State v. Salter

The State appeals the order dismissing the information charging Gary Salter with felony driving under the influence in violation of section 316.193(2)(b)(3), Florida Statutes (2012). At the hearing on the motion to dismiss, the State conceded that it could not prove that Salter’s prior misdemeanor DUI convictions were the result of counseled pleas. See State v. Kelly, 999 So.2d 1029, 1052 (Fla.2008) (“[T]he State may not, consistent with our state Constitution, impose deprivation of liberty as a penalty upon a defendant based on prior misdemeanor convictions, unless the defendant was either…