Duin v. State

CATES, Judge.

Selling marijuana: sentence fifteen years.

The jury found Duin guilty November 20, 1969: After adjudging him guilty the court remanded the defendant “to jail to await the sentence of the law.”

On December 12 the defendant was again before the court, this time without counsel. (R. 6) After allocutus the court sentenced the defendant to fifteen years in the penitentiary.

I

The absence of counsel at sentencing is a denial of due process and hence error. Shellnut v. State, 280 Ala. 28, 189 So.2d 590; Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336; McConnell v. Rhay, 393 U.S.…