Singleton v. State, 533 S.E.2d 457 (Ga. Ct. App. 2000). · Go Syfert
Singleton v. State, 533 S.E.2d 457 (Ga. Ct. App. 2000). Cases Citing This Book View Copy Cite
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SINGLETON
v.
State
A99A1126.
Court of Appeals of Georgia.
Apr 11, 2000.
533 S.E.2d 457
2000 Ga. App. LEXIS 474
Rickey Singleton, pro se., Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.
McMurray.
Cited by 2 opinions  |  Published
McMURRAY, Senior Appellate Judge.

In Singleton v. State,1 we affirmed Rickey Singleton’s conviction. The Supreme Court of Georgia thereafter granted certiorari, vacated our judgment, and remanded for reconsideration of our holding in Division 1 in light of Parks v. McClung,2 Sloan v. Sanders,3 Wharton v. Anderson,4 Larry v. Hicks,5 and Jones v. Wharton,[6] in which the Supreme Court held that waiver of a constitutional right will not be inferred from a silent record. Held:

Upon reconsideration of Division 1 of our prior decisión[7] in light of the above-referenced authorities, we vacate our judgment therein and find that the trial court erred in failing to obtain a knowing and voluntary waiver of appointed counsel from Singleton on the record, effectively denying Singleton his right to trial counsel. Accordingly, we reverse and remand for a new trial, adhering to our holdings in Divisions 2 through 12 of our prior opinion,[8] as we were not directed to reconsider these and the issues there decided may recur upon any retrial of this case.

Judgment reversed.

Johnson, C. J, and Phipps, J., concur.
7

Singleton v. State, 240 Ga. App. at 240 (1), supra.

8

Id. at 240-242 (2)-(12).