JOE WILLIE PERKINS, 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.
Perkins, a defendant convicted of breaking and entering with intent to commit grand larceny, appealed his sentence on the ground that he was not represented by counsel at the pronouncement of sentence despite being indigent. The appellate court held that due process requires a competent and intelligent waiver of counsel at sentencing, and that such a waiver cannot be presumed from a silent record.
Due process requires that an insolvent defendant in a felony case be represented by counsel at sentencing. The absence of counsel at sentencing does not vitiate the underlying conviction and guilty plea, but the defendant is entitled to a hearing to determine whether he made a competent and intelligent waiver of that right. Waiver cannot be presumed from a silent record.
“This court has held that due process of law requires that an insolvent defendant in a felony case be represented by counsel at the time sentence is imposed upon him.”
Establishes the constitutional right to counsel at sentencing for indigent felony defendants.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn March 10, 1959, Perkins was charged with breaking and entering with intent to commit grand larceny. On March 13, 1959, he appeared in open court wi…
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 Presentence Investigation Report cases and more on FLexlaw
On March 10, 1959, information was filed in the Criminal Court of Record of Broward County charging Joe Willie Perkins with the crime of breaking and en*249tering with intent to commit a felony, to wit: grand larceny.
On March 13, 1959, defendant was present in open court with his attorney and entered a plea of guilty to said charge. The matter was referred for pre-sentence investigation, and on April 17, 1959, the defendant was sentenced to serve five years in the State Prison.
The defendant filed a sworn request that the judgment of conviction be set aside upon the ground, among others, that he was not represented at the pronouncement of sentence by counsel, and that he was insolvent and unable to provide counsel.
This court has held that due process of law requires that an insolvent defendant in a felony case be represented by counsel at the time sentence is imposed upon him. Evans v. State, Fla.App.1964, 163 So.2d 520.
The record on appeal establishes the fact that the defendant was not represented at the time sentence was imposed, and the order of the court denying relief as prayed for recites the same to be true. The record does not disclose whether the court advised the defendant of his right to court-appointed counsel at this critical stage in the proceedings, or whether the court offered to appoint counsel. There is nothing in the record to conclusively show that the defendant was aware of his right to counsel at this point. Thus, the record does not disclose a competent and intelligent waiver of such a right. This court has said in the case of King v. State, Fla.App.1963, 157 So.2d 440, “presuming waiver from a silent record is impermissible.”
For the foregoing reasons the order of the court below denying the appellant’s motion without hearing must be reversed. Of course, the fact that the appellant was not represented by counsel at the time he was sentenced in this case will not vitiate the judgment entered therein. Evans v. State, supra. As we have pointed out, he was represented by counsel when he pleaded guilty and was adjudged guilty.
In subsequent proceedings on the motion, the court should determine if, under the circumstances, the assistance of counsel is essential to accomplish a fair and thorough presentation of the defendant’s claim. Any doubt in this regard should be resolved in favor of affording counsel to the defendant. Beadles v. State, Fla.App.1964, 162 So.2d 4.
Reversed and remanded for further proceedings consistent herewith.
ALLEN, Acting C. J., and WHITE and ANDREWS, JT., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
MacHwart v. State, 222 So. 2d 38 (Fla. 2d DCA 1969)…, the same court again expressly recognized that arraignment, trial, conviction, and sentencing are distinct “critical stages” in the prosecution of the accused. See also, Evans v. State, Fla.App.1964, 163 So. 2d 520; Perkins v. State, Fla.App.1964, 165 So. 2d 248, where these separate steps are impliedly acknowledged. Even though this court has found no cases with facts identical to those before us, that is, with these “critical stages” occurring on different dates, we do believe that Florida law is clear t…
-
Fulmore v. State, 198 So. 2d 101 (Fla. 2d DCA 1967)…ent defendant in a felony case either be represented by counsel or intelligently and knowingly waive such representation at the time sentence is imposed upon him. See Evans v. State, Fla.App.1964, 163 So. 2d 520, and Perkins v. State, Fla.App. 1964, 165 So. 2d 248. In the case at bar the record merely shows, as to the time of sentencing from the Clerk’s Minute Book entry, that appellant had previously waived appointment of counsel and had previously plead guilty. The record does not disclose whether the cour…
-
Grandin v. State, 421 So. 2d 803 (Fla. 3d DCA 1982)…2d DCA 1976); [*805] Simmons v. State, 298 So. 2d 206 (Fla. 2d DCA 1974); Wingard v. State, 200 So. 2d 630 (Fla. 2d DCA 1967); Bryant v. State, 194 So. 2d 21 (Fla. 3d DCA 1967); Langlois v. State, 191 So. 2d 284 (Fla. 3d DCA 1966); Perkins v. State, 165 So. 2d 248 (Fla. 2d DCA 1964); Evans v. State, 163 So. 2d 520 (Fla. 2d DCA 1964). The same defendant, however, does not have a right to appointed counsel at a probation revocation proceeding — unless special circumstances appear which require the appointment o…
Previewing 3 of 4 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)
- Beadles v. State, 162 So. 2d 4 (Fla. 2d DCA 1964)