Date: 07-23-2014

Case Style: State of Florida v. Gary Salter

Case Number: 2D13-2421

Judge: Per Curiam

Court: Florida Court of Appeal, Second District on appeal from the Circuit Court, Pinellas County

Plaintiff's Attorney: Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellant.

Defendant's Attorney: Benjamin G. DeBerg, St. Petersburg, for Appellee.

Description: 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
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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 provided with counsel or validly waived that right."). Because it
was within the circuit court's discretion to divest itself of jurisdiction over the surviving
misdemeanor DUI, we affirm. See Woodbury v. State, 110 So. 3d 17, 18-19 (Fla. 2d
DCA 2013) (explaining that once the felony DUI charge was dismissed and the
information refiled in county court, the circuit and county courts had concurrent
jurisdiction over the misdemeanor DUI).

Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

Comments: