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From this judgment And sentence he.h~s prusecuted his appeal
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after being declared ~ind~gent for the purposes of this appeal. ~
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i THIS CAUSE came on for argument on August 29, 1974. 1
's ened to the electronic recordings of the pro- j
The court has li t ~
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i~ ceedings below, reviewed the brief ~ubmitted by the appellant, ~
and listened to arguments of counsel for appellant and counsel ~
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for appellee. The 3tate of Florida, as appellee, being_repre-
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sented by the State Attorney's Office of the Nineteenth Judicial !
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i Circuit, did not submit a brief in this case. ~
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This court is of the opinion that the record on appeal i
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jt fails to show that the defendant was adequately advised at the ~
time of his appearance in court that he was entitled to be repre- i
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E' sented by counsel and, if unable to afford counsel, that he was '
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i~ entitled to the services of a pub2ic defender, and therefore, - ~
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for the reasons stated, it is hereby, ~
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ORDERED AND ADJUDGED that the appellant herein, ~
RICHARD BALDWIN DANIELS, a/k/a DICK DANIELS, be granted a new i
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trial at which time he be adequately advised as to his right
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j' to representation by counsel, and it is, ~
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Further ORDERED AND ADJUDGELI that the appellant
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~ herein pay to the Public Defender's Office of the Nineteenth i
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Judicial Circuit the sum of ;500.00 as a reasonable fee for ;
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_ 4; prosecuting this appeal. `
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DONE AND ORDERED at Fort Pierce, Florida, this ~ ~
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day of September, 1974. ~
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s! Copies furnished to: ~ ~
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R. N. Koblegard, III !
Assistant State Attorney ;
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"i Roger A. Alcott ~
Assistant Public Defender _
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E C 401tNTT R~. t
~ RO~ER POItRAS ~ i
CEERK CiRCWT ~pyl~T
RECORD VERiF1E0
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