BERNARD OLDER, APPELLANT,

v.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985)
  …enhance a sentence on a subsequent conviction unless the defendant waived his right to counsel. See also Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972); Harrell v. State, 469 So. 2d 169 (Fla. 1st DCA 1985); Hayes v. State, 468 So. 2d 470 (Fla. 4th DCA 1985). Accordingly, the sentence is reversed and the cause is remanded to the trial court to entertain further proof regarding the alleged prior convictions, and to sentence appellant in accordance with the foregoing authorities. R…
• Crigler v. State, 487 So. 2d 420 (Fla. 2d DCA 1986)
  …cause the guidelines scoresheet erroneously scored six prior uncounseled misdemeanor convictions. This contention would be correct if those convictions were, in fact, uncounseled and defendant had not waived her right to counsel. See Hayes v. State, 468 So. 2d 470 (Fla. 4th DCA 1985). See also Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980). We cannot ascertain from the record whether or not defendant waived her right to counsel in those prior cases. Therefore, we remand for a determ…
• Evrard v. State, 502 So. 2d 3 (Fla. 4th DCA 1986)
  …nce. Generally, an uncounseled conviction may not be used to enhance a sentence on a subsequent conviction unless the defendant waived his right to counsel in the first proceeding. Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985); Hayes v. State, 468 So. 2d 470 (Fla. 4th DCA 1985). See also Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). Permitting the use of an un-counseled conviction in a subsequent prosecution would cause the accused in effect to suffer anew from the deprivatio…