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Weakley v. State
See also Brazzley v. State, 395 So.2d 161 (Ala.Cr.App.1981) (reversible error existed where “[t]he record at arraignment and the judgment entry affirmatively show that appellant was not represented by counsel at arraignment and that he did not waive the presence of counsel”); Drummond v. State, 353 So.2d 546 (Ala.Cr.App.1977) (reversible error existed where “[t]he record at arraignment and the judgment entry affirmatively show that appellant was not represented by counsel at arraignment and that he did not waive arraignment”); Rogers v. State, 332 So.2d 165 (Ala.Cr.App.), cert. denied,…
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Cecil Brazzley
v.
State.
v.
State.
3 Div. 261.
Court of Criminal Appeals of Alabama.
Jan 20, 1981.
L. H. Walden, Montgomery, and W. Clarence Atkeison and Kenneth Shinbaum, Prattville, for appellant., Charles A. Graddick, Atty. Gen., and Helen P. Nelson, Asst. Atty. Gen., for appellee.
Harris.
Cited by 1 opinion | Published
HARRIS, Presiding Judge.
Appellant was convicted of the offense of possession of marijuana and the court sentenced him to ten years in the penitentiary.
The record at arraignment and the judgment entry affirmatively show that appellant was not represented by counsel at arraignment and that he did not waive the presence of counsel. This constitutes reversible error. Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114; Garsed v. State, 51 Ala.App. 622, 288 So.2d 161; Knight v. State, 42 Ala.App. 672, 178 So.2d 101; Perkins v. State, 281 Ala. 139, 199 So.2d 839; Drummond v. State, Ala.Cr. App., 353 So.2d 546.
Since this case must be reversed for the error noted we do not deem it necessary to set forth the facts constituting the offense.
REVERSED AND REMANDED.
All the Judges concur.