SIPLEN v. STATE

No. 84-1464.

473 So.2d 793 (1985)

Johnny Lee SIPLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 8, 1985.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Chief Judge.

The defendant, charged with burglary of a dwelling with a battery therein, sought appointed counsel at arraignment. His affidavit, however, showed a weekly income of $190.00 with one dependent, resulting in a presumption that he was not indigent pursuant to section 27.52, Florida Statutes (1983), which provides, in pertinent part:

(1) The determination of indigency of any accused person shall be made by the court at any stage of the proceedings...

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