Gurchick v. State

OTT, Chief Judge.

Stephen Francis Gurchick appeals the trial court’s summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.1

In point one of the motion, appellant alleged that he was sentenced without legal counsel present and without an effective waiver of his right to counsel.

A review of the sentencing transcript reveals the following conversation between the court and appellant:

THE COURT: You are here for sentencing today, Mr. Gurchick. Your attorney is not here. Do you want him here?

THE DEFENDANT: I don’t believe it would affect it, Your Honor.