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.