Elkins v. State

Banke, Judge.

In this appeal from the revocation of his probation, the appellant contends that he was denied his Sixth Amendment right to counsel. The state has filed no opposing brief, nor did it appear for oral argument.

The transcript of the revocation hearing indicates that the appellant was not represented by counsel but does not indicate why. Apparently, no inquiry was made as to whether he desired counsel or whether he could afford one until after his probation was revoked. At that time the trial court asked the appellant whether he desired appointed counsel on appeal and, after…