Fowler v. State

Clark, Judge.

Following a guilty verdict, records of defendant’s two Suwannee County, Florida, convictions were admitted into evidence, without objection, during the sentencing phase under our former bifurcated procedure. These records fail to show whether defendant either had, or knowingly and intelligently waived, assistance of counsel. These certified copies were simply silent concerning this feature. The question thereby presented in this appeal is whether admissibility of these prior convictions without objection requires a new trial as to the sentencing phase.

1. "In Carnley v. Cochran,…