Background
Shelton was accused of third-degree assault, which, in Alabama, is a misdemeanor and carries a maximum sentence of one year in prison and a $2,000 fine. The court repeatedly warned Shelton of the dangers of representing himself during the trial, yet failed to offer him counsel. He represented himself both in the local court, where he was convicted, and the Alabama Circuit Court, where he was also convicted. However, the Circuit Court gave Shelton a 30-day suspended sentence and 2 years' probation. The Criminal Court of Appeals found that it was not compulsory to offer the defendant counsel for a suspended sentence because the sentence did not result in actual confinement. The Supreme Court of Alabama stated that: (1) a defendant may not be sentenced to a term of imprisonment absent provision of counsel; and (2) for purposes of this rule, a suspended sentence constitutes a "term of imprisonment," even though incarceration is not immediate or inevitable.Opinion of the Court
TheSee also
Further reading
* *External links
* {{Sixth Amendment, counsel, state=expanded United States Supreme Court cases 2002 in United States case law United States Sixth Amendment appointment of counsel case law 2002 in Alabama Legal history of Alabama United States Supreme Court cases of the Rehnquist Court