Breamfield v. State

BARKDULL, Chief Judge.

By this appeal, the appellant seeks to have an order of the trial judge reviewed, which denied his petition for relief pursuant to Criminal Procedure Rule 1. The principal thrust of the sworn petition was that the appellant, at the time of his trial and sentence, was without counsel and not advised of his rights to same although an indigent, citing as authority Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799.

*485Upon receipt of the petition, the trial judge conducted a hearing subsequent to the appointment of the public defender to represent the appellant,…