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SINGLETON v. STATE

Court of Appeals of Georgia.

Apr 11, 2000

Judgment

CaseIQ

McMURRAY, Senior Appellate Judge.

In Singleton v. State, we affirmed Rickey Singleton's conviction. The Supreme Court of Georgia thereafter granted certiorari, vacated our judgment, and remanded for reconsideration of our holding in Division 1 in light of Parks v. McClung, Jones v. Wharton, Sloan v. Sanders, Wharton v. Anderson, and Larry v. Hicks, in which the Supreme Court held that waiver of a constitutional right will not be inferred from a silent record. Held:

240 Ga. App. 240 ( 522 S.E.2d 734).

271 Ga. 795, 798 ( 507 S.E.2d 799).

253 Ga. 82, 83 ( 316 S.E.2d 749).

271 Ga. 299, 300 ( 519 S.E.2d 219).

270 Ga. 22(1), 23 ( 504 S.E.2d 670).

268 Ga. 487, 488 ( 491 S.E.2d 373).

Upon reconsideration of Division 1 of our prior decision in light of the above-referenced authorities, we vacate our judgment therein and find that the trial court erred in failing to obtain a knowing and voluntary waiver of appointed counsel from Singleton on the record, effectively denying Singleton his right to trial counsel. Accordingly, we reverse and remand for a new trial, adhering to our holdings in Divisions 2 through 12 of our prior opinion, as we were not directed to reconsider these and the issues there decided may recur upon any retrial of this case.

Singleton v. State, 240 Ga. App. 240(1), supra.

Id. at 240(2) — 242(12).

Judgment reversed. Johnson, C. J., and Phipps, J., concur.

McMURRAY, Senior Appellate Judge.

DECIDED APRIL 11, 2000.