Benson v. City of Sheffield

I disagree with the majority opinion, which holds that there is no right to counsel in a misdemeanor case when a sentence is imposed and then suspended. In Minnifield v. City of AlexanderCity, 616 So.2d 403, 406 (Ala.Cr.App. 1993), we held:

"`[C]onviction of an uncounseled criminal defendant is constitutionally permissible so long as the defendant is not sentenced to a term of imprisonment. If an uncounseled defendant is sentenced to prison [or jail], the conviction itself is unconstitutional.' United States v. Eckford, 910 F.2d 216, 218 (5th Cir. 1990). `The right of a defendant to counsel in…