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395 So. 2d 161

Brazzley v. State

Court of Criminal Appeals of Alabama

Decided January 20, 1981

Court of Criminal Appeals of Alabama · decided 1981-01-20

Cited by 3 later decisions — most recently September 1987

3 state decisions

Relies on Hamilton v. Alabama · 51 Ala. App. 622 - Garsed v. State · 42 Ala. App. 672 - Knight v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-01-20

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HARRIS, Presiding Judge.

¶1Appellant was convicted of the offense of possession of marijuana and the court sentenced him to ten years in the penitentiary.

¶2The 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.

¶3Since this case must be reversed for the error noted we do not deem it necessary to set forth the facts constituting the offense.

¶4REVERSED AND REMANDED.

All the Judges concur.
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