607 P.2d 586 | Nev. | 1980
OPINION
Appellant contends that his convictions on five counts of robbery with use of a deadly weapon must be reversed because of alleged errors occurring in the arraignment process.
Appellant contends that the above-described proceedings were violative of NRS 174.015, NRS 174.035, and the Sixth Amendment of the United States Constitution. The statutes cited above require in pertinent part that the arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to him the substance of the charge and calling on him to enter a plea. In addition, a copy of the indictment or information must be supplied to the accused.
The Sixth Amendment requires that an accused be afforded the assistance of counsel at a critical stage of the prosecution. See Coleman v. Alabama, 399 U.S. 1 (1970); Hamilton v. Alabama, 368 U.S. 52 (1961); Garnick v. Miller, 81 Nev. 372, 403 P.2d 850 (1965). We have reviewed the record and conclude that the proceedings below fully comported with statutory and constitutional requirements.
Appellant’s contention that the right to counsel attached at the June 12th hearing is clearly without merit. Such a right arises only at a critical stage of the proceedings. But apart from supplying appellant with a copy of the indictment, as required by NRS 174.015, it is apparent that nothing of any significance occurred at the hearing. Appellant simply was not required to take any action that would affect his substantial rights in any way; therefore, the hearing could not be a critical stage and no Sixth Amendment deprivation could have occurred.
The action of the district court in continuing the June 12th
Affirmed.