Brazzley v. State

Court of Criminal Appeals of Alabama

Brazzley v. State

395 So. 2d 161, 1981 Ala. Crim. App. LEXIS 2127

CourtCourt of Criminal Appeals of Alabama

DecidedJanuary 20, 1981

Docket3 Div. 261

StatusPublished

Cited by1 cases

This text of 395 So. 2d 161 (Brazzley v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brazzley v. State, 395 So. 2d 161, 1981 Ala. Crim. App. LEXIS 2127 (Ala. Ct. App. 1981).

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Opinion

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.

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