State v. Leroy

The solitary feature of this appeal brings into focus the issue as to whether or not our decision in State v. Sims, supra (27 Ohio St. 2d 79), is to be given retroactive application to the cause under review, which dates back to June 1964, almost eight years after this appellant’s conviction on three counts of armed robbery.

The syllabus in Sims states the holding of this court and applies only to the factual pattern in that case. That syllabus reads:

“In the absence of evidence in the record upon which *141it could be determined that an indigent convicted defendant knowingly and intelligently…