Opinion
NO. 2015 KW 1835
05-25-2016
STATE OF LOUISIANA v. GARY P. SCULLY
In Re: Gary P. Scully, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 2013-190378. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.
WRIT GRANTED. Relator was not represented by counsel at his November 19, 2015, resentencing hearing, and the transcript of the hearing does not show that relator waived his right to counsel. Moreover, during the resentencing hearing, relator requested counsel, but his request was declined. Unless a defendant has made a knowing and intelligent waiver of his right to counsel, any sentence imposed in the absence of counsel is invalid and must be set aside. State v. Williams, 374 So.2d 1215, 1217 (La. 1979). Accordingly, relator's sentence is vacated, and this matter is remanded to the district court for resentencing. Counsel should be appointed to represent relator at his resentencing or a clear and unequivocal waiver by relator of his right to counsel at his resentencing should be placed on the record.
EGD
VGW
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT