# Brown v. State

> District Court of Appeal of Florida · November 7, 1985 · 10 Fla. L. Weekly 2502

URL: https://www.frixlaw.com/law-library/cases/7545761

## Case

- **Full name:** Ralph BROWN v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** November 7, 1985
- **Citations:** 10 Fla. L. Weekly 2502; 479 So. 2d 152; 1985 Fla. App. LEXIS 16645
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Cowart
- **Judges:** Cowart, Dauksch, Upchurch
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7545761

## Opinion text

COWART, Judge.
The record on appeal shows that the defendant was not represented by counsel at sentencing. The record fails to affirmatively show that the trial judge offered the defendant the assistance of counsel at this critical state 1 of the criminal proceedings. See Sayers v. State, 423 So.2d 985 (Fla. 3d DCA 1982); Carter v. State, 408 So.2d 766 (Fla. 5th DCA 1982); Fla.R.Crim.P. 3.160(e), 3.111(d)(5).
The sentence is vacated and the cause remanded for resentencing at which the defendant shall either have counsel or properly waive his right to counsel.
REVERSED and REMANDED.
DAUKSCH and UPCHURCH, JJ., concur.
. Assistance of counsel is guaranteed at every critical stage of criminal proceedings. United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967); Anderson v. State, 420 So.2d 574 (Fla.1982).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7545761. Public record. Not legal advice.