Mr. Kelly was arrested on a drunken driving charge. The state later enhanced the charge to a felony count, based on three prior DUI convictions. Mr. Kelly argued that two of the prior convictions could not be used to enhance the current charge to a felony because he had not been provided with an attorney in those cases and did not validly waive his right to counsel. The trial court agreed and the state appealed to the Fourth District Court of Appeal. The 4th DCA upheld the trial court's order but also asked the Supreme Court to rule on the legal issue. The state argues that the U.S. Supreme Court has ruled that such prior convictions can be used to enhance charges. Mr. Kelly argues that the Florida Constitution grants its citizens a broader right to counsel than does the Sixth Amendment of the U.S. Constitution.