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Jackson v. State

The defendant was not entitled to counsel because he was not imprisoned for his misdemeanor speeding conviction.

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On July 4, 2001, a Georgia State Trooper was operating his laser speed detection device by the interstate highway in the City of Atlanta. The trooper noticed a Corvette traveling at what he visually estimated to be a speed of 90 mph, and aimed his laser at the vehicle, which device gave a digital readout of 90 mph. The trooper stopped the Corvette, which was driven by Glenn Jackson, and issued him a traffic citation. After a bench trial, Jackson was found guilty of driving 90 mph in a 55 mph zone, and fined $325. He appeals, and we affirm for the reasons set forth below.

1. Jackson claims that the trial court erred by failing to ascertain on the record whether there was a knowing waiver by Jackson of his right to counsel. He relies on authority which includes Faretta v. California, 422 U. S. 806 95 SC 25, 45 LE2d 562 1975, and Clarke v. Zant, 247 Ga. 194 275 SE2d 49 1981. However, only a sentence of actual imprisonment or a suspended or probated sentence to imprisonment triggers the constitutional right to counsel. Alabama v. Shelton,-U. S.-122 SC 1764, 1776, 152 LE2d 888 2002; Argersinger v. Hamlin, 407 U. S. 25, 37 92 SC 2006, 32 LE2d 530 1972. The underlying concept is that only trials that end up in the actual deprivation of a person’s liberty require that the accused “receive the guiding hand of counsel so necessary where one’s liberty is in jeopardy.” Punctuation omitted. Argersinger, supra, 407 U. S. at 40; see Shelton, supra, 122 SC at 1770. A court that ends up only fining a defendant has not placed that liberty in jeopardy and was therefore not required to appoint counsel for that defendant, even though the defendant was charged with a statutory offense for which imprisonment upon conviction was authorized. Scott v. Illinois, 440 U. S. 367, 369 99 SC 1158, 59 LE2d 383 1979.

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