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Hutto v. State

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DENNIS T. HUTTO, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 1D08-0113   District Court of Appeal of Florida, First District.   Opinion filed May 15, 2008.           An appeal from the Circuit Court for Duval County, Hugh A. Carithers, Judge.         Dennis T. Hutto, pro se, Appellant.         Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.         PER CURIAM.         Appellant seeks review of the trial court’s summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court improperly denied the motion as successive, we reverse.         Appellant claims that he is entitled to postconviction relief because his prior convictions for driving under the influence were uncounseled and thus improperly used to enhance the present DUI charge...continue to full post

Full post as published by Florida Criminal Law Opinions on May 15, 2008 (boomark / email).