JOHN PILLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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An uncounseled conviction cannot be used to enhance a sentence for a subsequent conviction unless the defendant waived counsel.
Appellant was convicted of driving with a suspended license and received an enhanced sentence based on prior convictions, five of which were uncounsel…
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DOWNEY, Judge.
Appellant was convicted of driving while his license was suspended. He was sentenced to two years in prison, an enhanced sentence based upon consideration of six prior convictions, five of which were un-counseled convictions.
Prior to sentencing the state filed a notice to declare the defendant an habitual offender, based upon six prior convictions for driving while his license was suspended. The defense filed a response alleging that in five of the six convictions listed he was not represented by counsel, nor was counsel waived, and he could not afford counsel.
The state contended in the trial court, and here, that it was proper for the court to consider the uncounseled convictions until they were set aside in a post conviction proceeding. That legal position is unsound. The Supreme Court of the United States in Baldosar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169 (1980), held an uncounseled conviction may not be used to 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.
REVERSED AND REMANDED with directions.
LETTS and HURLEY, JJ., concur.
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Citator
Cited By (12 total)
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Hlad v. State, 585 So. 2d 928 (Fla. 1991)…GRIMES, Justice. We review Hlad v. State, 565 So. 2d 762 (Fla. 5th DCA 1990), because of its conflict with State v. Troehler, 546 So. 2d 109 (Fla. 4th DCA 1989), and Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution. Hlad was convicted of driving under the influence of alcohol (DUI) after having been three times previously convicted of DUI, a crime which was…
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Smith v. State, 498 So. 2d 1009 (Fla. 2d DCA 1986)…ced appellant to five years in prison for each offense with the terms to run concurrently. An uncounseled conviction may not be used to enhance a sentence on a subsequent conviction unless the defendant waived his right to counsel. Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985). Where a defendant raises the issue of an uncounseled conviction, the. state must show by a preponderance of the evidence that the defendant was represented by counsel or that counsel was available but was validly waived. Harrell…
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Jennings Harold Leffew v. State, 518 So. 2d 1376 (Fla. 2d DCA 1988)…cites Smith v. State, 498 So. 2d 1009, 1010 (Fla. 2d DCA 1986), in which this court stated, “An uncounseled conviction may not be used to enhance a sentence on a subsequent conviction unless the defendant waived his right to counsel. Pilla v. State, 477 So. 2d 1088 (Fla. 4th DCA 1985).” Pilla makes a similar statement in holding that uncounseled convictions could not be used to enhance a sentence on a subsequent conviction unless the defendant waived his right to counsel. Pilla cited Baldasar v. Illinois, 446…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Argersinger v. Hamlin, 407 U.S. 25 (U.S. 1972)
- Baldasar v. Illinois, 446 U.S. 222 (U.S. 1980)
- Harrell v. State, 469 So. 2d 169 (Fla. 1st DCA 1985)
- Older v. State Farm Mut. Auto. Ins. Co., 468 So. 2d 470 (Fla. 4th DCA 1985)
- Hayes v. State, 468 So. 2d 470 (Fla. 4th DCA 1985)