SIMMONS v. STATE

No. 74-151.

298 So.2d 206 (1974)

Hurgel Leroy SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 31, 1974.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Elliott C. Metcalfe, Jr., Asst. Public Defender, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant appeals the denial without hearing of his motion for post conviction relief. Admitting that counsel was with him when he pled guilty, appellant asserts that he was unaccompanied by counsel at the time of his sentencing. Unfortunately, the court records do not reflect whether or not counsel was present at sentencing.

Where one is sentenced without counsel, the sentence must be set aside. Mempa v. Rhay, 1967, 389 U.S. 128...

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