JOHNNY WILLIAMS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida District Court of Appeal reversed in part an order denying post-conviction relief, holding that while a guilty plea entered with counsel is valid, the judgment is vitiated if the defendant is not represented by counsel at sentencing.
Yes, the absence of counsel at the time of sentencing vitiates the judgment and sentence, even if the guilty plea was entered with counsel.
“We have previously held that the time of sentencing is one of the critical periods during the proceedings of a criminal trial.”
Establishes the legal principle that sentencing is a critical stage requiring counsel.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohnny Williams, Jr., a 21-year-old defendant, pleaded guilty to escape on December 6, 1962, while represented by a public defender. The plea was ente…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Counsel At Sentencing cases and more on FLexlaw
Johnny Williams, Jr. appeals an order denying his motion for post conviction relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The record discloses that petitioner was arraigned for the crime of Escape on the 6th *198'day of December, 1962; that the defendant Was 21 yeará of age; that he was represented hy Robert E. Jagger, Public De-Tender, and that the defendant freely and ■voluntarily entered a plea of guilty without ■'any inducements or promises of leniency, ■etc. The record, however, does not af'•■firmatively disclose that counsel was present when the defendant was sentenced on the same day.
We have previously held that the time of sentencing is one of the critical periods during the proceedings of a criminal trial. Evans v. State, Fla.App.1964, 163 So.2d 520. The Evans case noted that the •fact that appellant was not represented by •counsel at the time of the sentence does not vitiate the judgment previously entered. ' We accordingly reverse only that portion of the appealed order denying relief from the - sentence imposed and the cause is remanded for further proceedings consistent with Evans v. State, supra, and King v. State, Fla.App.1963, 157 So.2d 440.
Reversed in part and remanded.
WHITE, Acting C. J., and ANDREWS and KANNER (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)…endant was represented by the Public Defender at the time he changed his plea from not guilty to guilty and the judgment of the Court shows that his guilty plea was freely and voluntarily entered. This is sufficient. Williams v. State, Fla.App.1964, 165 So. 2d 197. The motion must fairly show in what way and in what respects counsel was incompetent or of substandard level; and any alleged conclusion is insufficient in the absence of a factual basis therefor. Francis v. State, Fla.App.1964, 168 So. 2d 684; Mil…
-
Falagon v. State, 167 So. 2d 62 (Fla. 2d DCA 1964)…gal sentence as well as to •an illegal judgment where such sentence was imposed upon an indigent defendant who did not intelligently waive his right to counsel. See e. g. Evans v. State, Fla.App.1964, 163 So. 2d 520; Williams v. State, Fla.App.1964, 165 So. 2d 197. The Florida Rule does not neces•sarily contemplate release from custody. The rule states in pertinent part: “ * * * If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or…
-
Reader v. State, 168 So. 2d 557 (Fla. 2d DCA 1964)…as sentenced. This court has held that the time of sentencing is a critical step in the criminal procedure during which a defendant is entitled to court-appointed counsel if he is not able to provide his own counsel. Williams v. State, Fla.App.1964, 165 So. 2d 197. Accordingly, the Order denying post-conviction relief is reversed with directions that [*558] the court grant the Motion, set aside the sentence, and bring the defendant before the court for re-sentencing. Reversed. ALLEN, Acting C. J., and WHIT…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- King v. State, 157 So. 2d 440 (Fla. 2d DCA 1963)
- Evans v. State, 163 So. 2d 520 (Fla. 2d DCA 1964)