State v. Goynes

BARHAM, J., dissents from the refusal of the writ application. Relator was previously convicted and sentenced to jail for operating a motor vehicle while under influence of alcoholic beverages, without counsel or waiver of counsel. He has now been convicted and sentenced as a second offender and the first conviction has enhanced his sentence. Under the holding of Argersinger v. Hamlin, 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972) no person may be sentenced to imprisonment unless represented by counsel or he waives counsel. This sentence — 2nd offense enhancement is based in part on a conviction and sentence without counsel. It is immaterial whether Argersinger is retroactive in this case since the sentence to imprisonment is based in part on a non counsel conviction and sentence. CALOGERO, J., dissents.