Gleichauf v. State

District Court of Appeal of Florida

Gleichauf v. State

334 So. 2d 174, 1976 Fla. App. LEXIS 14616

CourtDistrict Court of Appeal of Florida

DecidedJune 11, 1976

DocketNo. 75-1379

StatusPublished

Cited by4 cases

This text of 334 So. 2d 174 (Gleichauf v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gleichauf v. State, 334 So. 2d 174, 1976 Fla. App. LEXIS 14616 (Fla. Ct. App. 1976).

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Opinion

BERANEK, JOHN R., Associate Judge.

Defendant 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.

The 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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BERANEK, JOHN R., Associate Judge.

Defendant 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.

The 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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334 So. 2d 174, 1976 Fla. App. LEXIS 14616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gleichauf-v-state-fladistctapp-1976.

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