Criminal Defense of Immigrants


§ 11.73 (E)

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(E)  Violation of the right to an interpreter.  A sentencing hearing must be invalidated if the right to an interpreter was violated.[434]  See Chapter 4, supra.

[434] State v. Hansen, 146 Ariz. 226, 232 (Ariz. Ct. App. 1985) (vacating plea agreement where interpreter was not provided at sentencing hearing); Monte v. State, 443 So.2d 339 (Fla. Dist. Ct. App. 1983) (finding that, absent valid waiver or presence of other circumstances which would have enabled non-English-speaking defendant to comprehend sentencing proceeding, it was reversible error for trial court, which had appointed an interpreter for defendant’s plea hearing, to fail to appoint an interpreter at sentencing proceeding even though defense counsel failed to raise the issue at that hearing).