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334 So. 2d 174

Gleichauf v. State

District Court of Appeal of Florida · decided 1976-06-11

Cited by 3 later decisions — most recently June 1992

3 state decisions

Relies on Gagnon v. Scarpelli

Good law ✅— No negative treatment on recordhow we know

Decided 1976-06-11

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BERANEK, JOHN R., Associate Judge.

¶1Defendant appeals from an order revoking his probation. At the revocation hearing defendant was charged with issuing a worthless check. Defendant pleaded not guilty. This hearing for violation of probation was a critical stage of the proceeding against defendant and he was, at the least, entitled to the representation of retained counsel. Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). Here defendant was effectively denied his right to counsel.

¶2The finding of guilt on the violation of probation and the court’s adjudication of guilt and sentence are reversed and the matter is remanded for further proceedings consistent with this opinion.

WALDEN, C. J., and ALDERMAN, J., concur.
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