Legal Opinion · Dissent

Smith v. State

District Court of Appeal of Florida

Decided May 27, 1964No. 63-882Published

1DissentCarroll, Judge

My dissent in this case is limited to disagreement with the holding of the majority regarding the ground of the motion which the opinion refers to as a contention by the appellant that he was “denied assistance of counsel at arraignment.” The problem is ■whether arraignment, which is not a critical stage in the trial process (Ex parte Jeffcoat, 109 Fla. 207, 146 So. 827) becomes so if the ■«defendant pleads guilty when arraigned ■without counsel.

Preliminary to discussion of that question it should be noted the motion filed by the appellant made no express contention with' reference to denial…

2Cases cited7 opinions

  1. White v. MarylandSupreme Court of the United States · 1963
  2. Pope v. StateSupreme Court of Florida · 1908
  3. Canada v. StateSupreme Court of Florida · 1940
  4. Harris v. StateSupreme Court of Florida · 1964
  5. Ex Parte Elvin E. JeffcoatSupreme Court of Florida · 1933

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