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Champion v. State

If the appellant is entitled to counsel for purposes of a hearing on a motion for new trial, he is entitled to counsel during the time for preparing and presenting that motion for new trial, and his failure to be represented is a violation of his right to counsel under the Sixth Amendment.

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ON ABATEMENT AND REMAND

Appellant Ollie Gray Champion challenges his conviction of two separate charges of aggravated sexual assault after pleas of guilty and his resulting sentences of 35 years confinement in the Institutional Division of the Department of Criminal Justice and a $10,000 fine. In one issue, he asserts that he was deprived of the assistance of counsel during the time period for filing and presenting a motion for new trial in violation of federal and state constitutions.

Appellant was represented at trial by retained counsel and pled guilty to the charges without an agreed recommendation as to punishment. After sentence was imposed on October 10, 2000, appellant filed a pro se notice of appeal on November 2, 2000, and requested appointment of an attorney to represent him on appeal. On the same day, he also filed a pro se motion for new trial in which one of his assertions was that he was denied effective assistance of counsel because he was not adequately explained his waiver of rights and therefore his plea was not knowingly and intelligently made. The motion for new trial was supported by his own affidavit in which he further stated that he agreed to plead guilty in reliance on his attorney’s promise he would get probation. The record does not show that the motion was ever presented to the trial court or ruled upon. Counsel was not appointed for appellant until February 6, 2001, after the appeal was abated by this court, because the record showed that appellant had previously been represented by retained counsel, was currently asserting his indigent status, and was requesting appointment of an attorney on appeal.

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