Alabama Court of Criminal Appeals, 2001

Butler v. State

Butler v. State
Alabama Court of Criminal Appeals · Decided May 25, 2001 · McMillan, Shaw, Wise, Baschab, Cobb
833 So. 2d 667; 2001 Ala. Crim. App. LEXIS 98; 2001 WL 564260 (Southern Reporter, Second Series)

Butler v. State

Opinion of the Court

McMILLAN, Presiding Judge.

AFFIRMED BY MEMORANDUM.

SHAW and WISE, JJ., concur. BASCHAB, J., concurs in part and dissents in part, with opinion, in which COBB, J., joins.

Concurring in Part

BASCHAB, Judge,

concurring in part and dissenting in part.

I concur with that portion of this court’s unpublished memorandum that affirms the appellant’s conviction. However, I must respectfully dissent from that portion that affirms his sentence. During the sentencing hearing, the appellant proceeded without counsel. However, the trial court did not advise him about the dangers and disadvantages of self-representation, as re*668quired by Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and that he had the right to withdraw his waiver of his right to counsel at any time during the hearing, as required by Rule 6.1(b), Ala. R.Crim. P. Therefore, this court should remand this case for a new sentencing hearing. See Farid v. State, 720 So.2d 998 (Ala.Crim.App. 1998); Hairgrove v. State, 680 So.2d 946 (Ala.Crim.App. 1995), cert. denied, 680 So.2d 947 (Ala. 1996).

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