defendant is sentenced to prison [or jail], the conviction itself is unconstitutional.” ’ ” Williams v. City of Phenix City, 659 So.2d 1004, 1005 (Ala.Cr.App.1995) (quoting Minnifield v. City of Alexander City, 616 So.2d 403 (Ala.Cr.App.1993)); see also Rule 6.1, Ala. R.Crim. P., committee comments (stating that “the right to counsel in misdemeanor cases is limited to cases in which the defendant is actually sentenced to jail”). The circuit court sentenced the appellant to 30 days imprisonment, but suspended the sentence and conditioned probation on the payment of fines, costs, and restitution. The constitutional right to counsel applies in misdemeanor cases where the appellant’s sentence of imprisonment is suspended conditionally. Williams v. City of Phenix City, 659 So.2d at 1006 (<HOLDING>); see also Culberson v. State, 709 So.2d 1327
holding that a conditionally suspended sentence of imprisonment cannot be imposed on an indigent in a misdemeanor case who is denied counsel holding that an indigent defendant cannot have a fair trial without being provided counsel holding that no sentence is imposed in the case of a sis holding that state may not subject indigent defendants to period of imprisonment beyond statutory maximum holding that a defendant who received a suspended sentence of 157 days in jail was convicted of an offense punishable by more than oneyear of incarceration because california law provided for a sentence of up to three years imprisonment