Ull v. State

SCHWARTZ, Chief Judge.

At arraignment, the county court appointed the public defender to represent Ull, an indigent, on DUI and related offenses. Because the charges carried the possibility of a prison sentence, this ruling was not only correct, but constitutionally required. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). On the date set for trial, however, the assistant state attorney announced, and the trial judge certified that no jail sentence would be sought or imposed. On that basis, the county court then purported *929to discharge or “dis-appoint” the public…