Franklin v. State

McMILLAN, Judge.

Danny Franklin was convicted of selling marijuana and was granted probation for a period of five years on October 15, 1986. He was arrested on March 17, 1988, for violation of the conditions of probation, to-wit: for possession of marijuana. The circuit court of Houston County conducted a hearing, at which the court concluded Franklin’s probation was due to be revoked.

The appellant argues that the trial court erred by failing to advise him of his right to request an attorney during the probation revocation proceeding. The United States Supreme Court spoke to the issue of…