CHARLES EUGENE READER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant is entitled to counsel at sentencing, even if represented at earlier stages.
The defendant pleaded guilty and was sentenced without counsel present at the sentencing hearing. The trial court denied his motion for post-convictio…
The full statement of facts, procedural history, and disposition for this case are member content.
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This is an appeal from a motion for post-conviction relief under Criminal Procedure Rule No. 1, F.S.A. Chapter 924 Appendix.
The defendant pleaded guilty and was adjudged guilty of breaking and entering with intent to commit a misdemeanor, at which time he was represented by the Public Defender. After pre-sentence investigation he was sentenced to serve a term of from six months to three years in the Florida State Prison.
The record does not show that he was represented by counsel at the time he was 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 *558the court grant the Motion, set aside the sentence, and bring the defendant before the court for re-sentencing.
Reversed.
ALLEN, Acting C. J., and WHITE and ANDREWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Huckelbury v. State, 337 So. 2d 400 (Fla. 2d DCA 1976)…Huckelbury’s entry of a plea of guilty and his sentencing were critical steps in the criminal process where he was entitled to be represented by court-appointed counsel. Sardinia v. State, Fla.1964, 168 So. 2d 674; Reader v. State, Fla.App.2d 1964, 168 So. 2d 557; RCrP 3.111. Recently the Supreme Court of Florida reiterated that a guilty plea resulting in imprisonment [*403] entered without counsel is invalid. Rollins v. State, Fla.1974, 299 So. 2d 586. We must reject the arguments of the State to the effec…
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Thacker v. State, 185 So. 2d 202 (Fla. 3d DCA 1966)…t grant the motion, set aside the sentence, and bring the defendant before the court for resen-tencing. Reversed. . Summeralls v. State, 37 Fla. 162, 20 So. 242 (1896); Brown v. State, 29 Fla. 543, 10 So. 736 (1892); Reader v. State, Fla.App.1964, 168 So. 2d 557; Evans v. State, Fla.App.1964, 163 So. 2d 520.…
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Carter v. State, 408 So. 2d 766 (Fla. 5th DCA 1982)….P. 3.160(e). . Machwart v. State, 222 So. 2d 38 (Fla. 2d DCA 1969); Wingard v. State, 200 So. 2d 630 (Fla. 2d DCA 1967); Fulmore v. State, 198 So. 2d 101 (Fla. 2d DCA 1967); Langlois v. State, 191 So. 2d 284 (Fla. 3d DCA 1966); Reader v. State, 168 So. 2d 557 (Fla. 2d DCA 1964); Williams v. State, 165 So. 2d 197 (Fla. 2d DCA 1964); Evans v. State, 163 So. 2d 520 (Fla. 2d DCA 1964).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 165 So. 2d 197 (Fla. 2d DCA 1964)
- Warren v. State, 165 So. 2d 197 (Fla. 1st DCA 1964)