JAMES A. WHITTINGTON, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. The Honorable Virgil B. Conkling, 421 So. 2d 1108 (Fla. 5th DCA 1982)
  …9, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967). Such prior convictions [*1111] should not be considered by the trial court in determining the severity of a sentence. United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972); Wolfe v. State, 323 So. 2d 680 (Fla. 2d DCA 1975); Hicks v. State, 336 So. 2d 1244 (Fla. 4th DCA 1976). Use of such uncounseled prior convictions to impeach a defendant at trial is a violation of due process. Loper v. Beto, 405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 (1972). It h…
• Hicks v. State, 336 So. 2d 1244 (Fla. 4th DCA 1976)
  …ion of the defendant’s sentence by the sentencing judge, without consideration of any prior convictions which are invalid under the Gideon case. This same procedure was followed in Howard v. State, 280 So. 2d 705 (4DCA Fla. 1973) and Wolfe v. State, 323 So. 2d 680 (2DCA Fla.1975). The order appealed from recites that the sentences imposed were “within the limits set by statute,” that the court has “reviewed the file in this case,” and that “an evidentiary hearing is not necessary.” This court held in the How…
• Glenn v. State, 338 So. 2d 263 (Fla. 2d DCA 1976)
  …eges that these prior convictions were uncounseled ones, that he was not financially able to obtain counsel, and that he did not waive his right to counsel. If all of these allegations are true, appellant would be entitled to relief. Wolfe v. State, 323 So. 2d 680 (Fla. 2d DCA 1975); Howard v. State, 280 So. 2d 705 (Fla. 4th DCA 1973). The transcript of the sentencing hearing shows that the following statements were made: THE COURT: Do you have his sheet here today, Mr. Bailiff? As I recall from the trial h…