JOHN L. GLEICHAUF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1976-06-11
No. 75-1379
WALDEN, C. J., and ALDERMAN, J., concur.
334 So. 2d 174 Florida District Court of Appeal, Fourth District (1976) Negative Treatment
Cited by 4 cases
Opinion of the Court
BERANEK, JOHN R., Associate Judge.

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.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Esker E. Smith v. State, 427 So. 2d 773 (Fla. 2d DCA 1983)
    …that an indigent probationer is entitled to counsel at a hearing involving revocation of probation as well as at the time of sentencing, absent valid waiver of right to counsel. Herrington v. State, supra; Gargan v. State, supra; Gleichauf v. State, 334 So. 2d 174 (Fla. 4th DCA 1976). We do not believe the right to counsel should be contingent upon appellant denying the charges or presenting a substantially complicated case. In Grier v. State, 424 So. 2d 992 (Fla. 2d DCA 1983), a case involving a defendant’s…
  • Watts v. State, 409 So. 2d 222 (Fla. 2d DCA 1982)
    …nty-five years in the state prison. The appellant contends that he was denied his right to effective assistance of counsel. We agree. A hearing for violation of probation is a critical stage in a proceeding against a defendant. Gleichauf v. State, 334 So. 2d 174 (Fla. 4th DCA 1976). This court has held that a probationer faced with revocation proceedings has the right to counsel at those proceedings. Van Cleaf v. State, 328 So. 2d 568 (Fla. 2d DCA 1976). We realize the trial court has an interest in bring…

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