If the defendant was not afforded counsel when convicted of a fine-only misdemeanor, may the conviction be used to enhance the defendant’s sentence for a later offense?
Yes. An uncounseled misdemeanor conviction, valid because no term of imprisonment was imposed, may be used to enhance a sentence for a subsequent offense. Nichols v. United States, 511 U.S. 738 (1994).
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration
