McDandal v. State

SHIELDS, Judge.

McDandal appeals his trial court conviction of assault and battery upon a police officer, 1 claiming that he was never advised of his right to counsel. McDandal was without counsel throughout the trial proceedings. We reverse for the reason that an effective waiver of the right to counsel cannot be inferred from a silent record.

In Johnson v. Zerbst, (1938) 304 U.S. 458, at 465, 58 S.Ct. 1019, at 1023, 82 L.Ed. 1461, the United States Supreme Court discussed the constitutional right to counsel and the trial court’s responsibility in safeguarding this right:

The constitutional…