Bryan v. State

Appellant filed a motion1 asking that the judgment and sentence on an escape charge be set aside on the ground that he was not represented by counsel and he had not knowingly and intelligently waived counsel. The lower court denied the motion without an evidentiary hearing. We find that the record affirmatively shows no clear waiver of appellant’s right to counsel and reverse.

Appellant pled guilty to an escape charge in 1964. At the time he filed the motion under consideration here he had served the sentence on the escape charge, but was serving a federal sentence which, he alleged, had been…