Locke v. State, 4 Div. 442

• Decision Date: 01 June 1976
• Docket Number: 4 Div. 442
• Citation: Locke v. State, 333 So.2d 217 (Ala. Crim. App. 1976)
• Parties: James Leslie LOCKE v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 217

333 So.2d 217

James Leslie LOCKE v. STATE.

4 Div. 442.

Court of Criminal Appeals of Alabama.

June 1, 1976.

CATES, Presiding Judge.

This is an appeal on the record proper, i.e., without the transcript of testimony.

The appellant was convicted of selling marijuana and sentenced to two years in the penitentiary. At all stages he was without counsel.

The record shows the following:

'COURT'S BENCH NOTES

'12--15--75 The defendant appearing in open court, was advised by the Court that the Grand Jury had returned an indictment against him charging him with the sale of marijuana. The defendant being asked whether he had an attorney to represent him advised the Court that he did not have an attorney and was not financially able to employ one. During the conference with the defendant by the Court, the defendant related that he owned four motor cycles the value of which was $4,000.00, and in addition thereto owned four automobiles the value of which was $3,500.00, for a total of $7,500.00, that there were no mortgages, liens or encumbrances against any of these articles. The Court advised Mr. Locke that it was the opinion of the Court that he was not indigent and that an attorney would not be appointed to represent him for that reason. The defendant related that the value of the property was not really that much, but that was the value that he put on them for his own use--that he did not want to sell the motorcycles and automobiles would bring something over $1200.00 in the open...