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SINGLETON v. THE STATE.
A99A1126.
MCMURRAY, Senior Appellate Judge.
Shoplifting. Richmond Superior Court. Before Judge Pierce, Senior Judge.
In Singleton v. State, 1 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, 2 Sloan v. Sanders, 3 Wharton v. Anderson, 4 Larry v. Hicks, 5 and Jones v. Wharton, 6 in which the Supreme Court held that waiver of a constitutional right will not be inferred from a silent record. Held:
Upon reconsideration of Division 1 of our prior decision 7 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, 8 as we were not directed to reconsider these and the issues there decided may recur upon any retrial of this case.
Rickey Singleton, pro se.
Notes
7  Singleton v. State, 240 Ga. App. at 240 (1), supra.
8  Id. at 240-242 (2)-(12).
DECIDED APRIL 11, 2000.
Thursday May 21 02:09 EDT


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