Tarver v. State

Charlie M. Tarver appeals from the trial court's summary dismissal of his Rule 32, Ala. R.Crim. P., petition for postconviction relief.

In his petition, Tarver argues that he did not have counsel present at the sentencing portion of his guilty-plea proceeding and that he is therefore entitled to a new trial. Because this claim was not refuted by the State in the trial court, it must be taken as true. Thomas v. State, 908 So.2d 308 (Ala.Crim.App. 2004).

A defendant has a right to counsel during sentencing. See Rule 6.1(a), Ala. R.Crim. P. "Unless a defendant has or waives assistance of counsel,…