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PITTMAN v. STATE

No. 85-1260.

488 So.2d 143 (1986)

Arthur Windslow PITTMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 8, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

We reverse the judgment of conviction and remand the case for a new trial because the trial court erred when it determined that defendant was not indigent and refused to appoint counsel without inquiring into the circumstances set forth in section 27.52(2)(c), Florida Statutes (1985). See Siplen v. State, 473 So.2d 793 (Fla. 5th DCA 1985). The defendant had advised the court that he had been unable to retain...

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