State v. Drane

WASSERSTROM, Judge.

Defendant was tried and convicted by a jury of driving while intoxicated, second offense, and the jury fixed his punishment at 30 days in the county jail and a $1,000 fine. Defendant’s sole point on this appeal is that he was deprived of the right of counsel. We reverse and remand for a new trial.

This case first came up for trial on January 27, 1977. At that time Mr. William A. Atkinson appeared for defendant, stated that he was substituting for Mr. Welliver, and requested a continuance and resetting of the trial date. The court in response to *90that request reset the case…