HomeMy WebLinkAbout2635 I~ ~
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IN THE CIRCUIT COURT OF THE
' NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY
i STATE OF FLORIDA
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RICHARD BALDWIN DANIELS
j~ a/k/a DICK DANIELS
Appellant
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STATE OF FLORIDA ~
~ Appellee ~
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ORAER REVERSING SENTENCE ANI? - ~
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i~ The defendant was arrested on May 26, 1973, and
charged with driving while under the influence of alcoholic 4
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beverages. He was arraigned on June 12, 1973, in St. Lucie
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i~ County Court before the Honorable E. P. DeFriest at which time i
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he entered a plea of not guilty~and a request for jury trial. ~
The electronic recording of that proceeding indicates that he ~
would obtain private counse. He was not advised as to his right i
~j to court-appointed counsel, in the event he was indigent. A f
i f~ jury trial was set for July 2, 1973, but the case was continued #
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~ to August 29, 1973. The record is silent as to the reason for ~
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the continuance. i
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On August 29, 1913, a non-jury trial was held before f
the Honorable William Tye in St. Lucie County Court, at which 1
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time the defendant :epresented himself without the aid of counsel.~
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ij The electronic recording of the proceeding contains no mention ~
~i of t~ie defendant's right to counsel or jury trial. There is j
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nothing in the record to show that he was ever advised adequately !
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{i as to his right to court-appointed counsel in the event he was i
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unable to hire an attorney. ±
The defendant was f~und guilty on August 29, 1973, at ;
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the conclusion of the non-jury t:ial. On December 17, 1973, ;
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the defendant was adjudicated guilty and sentenced. At the time `
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of sentencing he appeared in court without counsel. He was ,
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sentenced to thirty (30) days in the county jail and fined 5400.00:
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