Rafine v. State

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 (Fla. 2d DCA 1998). Appellant must assert under oath that “the prior…