District Court of Appeal of Florida December 12, 2001, No. 4D01-3132 (Breen v. State)

PER CURIAM.

Kevin L. Breen filed a motion in county court seeking to set aside his 1973 DUI conviction. In 1997, the circuit court found that the 1973 conviction was not a constitutional valid conviction for enhancement purposes. Breen had been charged with felony DUI. This court affirmed trial court’s findings. State v. Breen, 709 So.2d 546 (Fla. 4th DCA 1998).

Citing Wood v. State, 750 So.