Smith v. State

We are here confronted with these three issues:(1) Must a defendant, whose sentence has been withheld and who is placed on probation, be accorded the right to have counsel at the subsequent sentencing following revocation of probation unless he intelligently, voluntarily and understandingly waives such right?(2) If the answer is in the affirmative, can the alleged error of failure to obtain such an intelligent, voluntary and understanding waiver of counsel be raised by way of writ of error to review the judgment of sentence?(3) If it cannot be so raised, can it be raised by motion to vacate…