Trimble v. State
| Decision Date | 13 January 1965 |
| Docket Number | No. 5194,5194 |
| Citation | 170 So.2d 452 |
| Parties | Tom Bruce TRIMBLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jack P. LaMarr, Asst. Public Defender, Fort Lauderdale, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and Victor V. Andreevsky, Asst. Atty. Gen., Miami, for appellee.
The appellant takes an appeal from an order denying his motion to vacate judgment and sentence under Criminal Procedure Rule No. 1 F.S .A. ch. 924 Appendix. Having been represented by counsel at all stages of his proceedings except sentencing, the only question raised is whether the appellant was entitled to be represented by counsel at the time sentence was imposed.
This court, in the case of Evans v. State, Fla.App.1964, 163 So.2d 520, through Judge Smith, stated:
As was pointed out in the Evans case, supra, lack of counsel at sentencing does not vitiate the judgment entered, but only the sentence. That portion of the order which imposes the sentence is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Affirmed in part and reversed in part.
To continue reading
Request your trial
-
State v. Kramer
...(Sup.Ct.Fla.1964); Evans v. State, 163 So.2d 520 (Fla.Ct.App.1964); Reader v. State, 168 So.2d 557 (Fla.Ct.App.1964); Trimble v. State, 170 So.2d 452 (Fla.Ct.App.1965); Hall v. Wainwright, 263 F.Supp. 727 (N.D.Fla.1967); see Palumbo v. New Jersey, 334 F.2d 524 (3 Cir.1964); cf Vitorates v. ......
-
People v. Hinkle
...are in agreement with People v. Vesley, 86 Ill.App.2d 283, 229 N.E.2d 886 and with the majority of other States. Trimble v. State of Florida, Fla.App., 170 So.2d 452, 453; State v. Strickland, 27 Wis.2d 623, 135 N.W.2d 295. Later Case Service, 20 A.L.R.2d 1240--1246, Secs. 1, 3, notes a few......
-
People v. Vesley
...to the complaining witness. Certainly the imposition of a sentence in a criminal case is a 'critical' stage of the trial. Trimble v. State, Fla.App., 170 So.2d 452; People v. Amos, 21 A.D.2d 80, 249 N.Y.S.2d 740; and State v. Strickland, 27 Wis.2d 623, 135 N.W.2d 295. The Illinois Supreme C......
-
Randall v. State
...sentence, and bring the defendant before that court for re-sentencing. This appears to be the procedure later followed in Trimble v. State, Fla.App.1965, 170 So.2d 452. These cases all seem to say that even if an indigent defendant is sentenced without counsel or without waiving the right t......