Supreme Court of Florida

Article I, section 16 of the Florida Constitution prevents the state from using uncounseled misdemeanor convictions to increase or enhance a defendant's later misdemeanor to a felony, unless the defendant validly waived the right to counsel with regard to those prior convictions. To meet the initial burden of production, the defendant must assert under oath that: 1) the offense involved was punishable by imprisonment; 2) the defendant was indigent and therefore entitled to court-appointed counsel; 3) counsel was not appointed; and 4) the right to counsel was not waived.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• LEWIS, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, FL, Celia Terenzio, Bureau Chief, Assistant Attorney General, Mitchell A. Egber, Assistant Attorney General, Daytona Beach, FL, for Petitioner., Paula S. Saunders, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, and Michael Robert Ufferman, Tallahassee, FL, on behalf of The Florida Association of Criminal Defense Lawyers, as Amicus Curiae.


• For Appellees:
  
• Frank A. Maister and Garrett Elsinger, Fort Lauderdale, FL, for Respondent.