Cite as: 535 U. S. 654 (2002)
Opinion of the Court
bama now concedes that the Sixth Amendment bars activation of a suspended sentence for an uncounseled conviction, but maintains that the Constitution does not prohibit imposition of such a sentence as a method of effectuating probation-ary punishment. Reply Brief 4-13. To assure full airing of the question presented, we invited an amicus curiae (amicus) to argue in support of a third position, one Alabama has abandoned: Failure to appoint counsel to an indigent defendant "does not bar the imposition of a suspended or probationary sentence upon conviction of a misdemeanor, even though the defendant might be incarcerated in the event probation is revoked." 534 U. S. 987 (2001).4
A
In Gideon v. Wainwright, 372 U. S. 335, 344-345 (1963), we held that the Sixth Amendment's guarantee of the right to state-appointed counsel, firmly established in federal-court proceedings in Johnson v. Zerbst, 304 U. S. 458 (1938), applies to state criminal prosecutions through the Fourteenth Amendment. We clarified the scope of that right in Arger-singer, holding that an indigent defendant must be offered counsel in any misdemeanor case "that actually leads to imprisonment." 407 U. S., at 33. Seven Terms later, Scott confirmed Argersinger's "delimit[ation]," 440 U. S., at 373. Although the governing statute in Scott authorized a jail sentence of up to one year, see id., at 368, we held that the defendant had no right to state-appointed counsel because the sole sentence actually imposed on him was a $50 fine, id., at 373. "Even were the matter res nova," we stated, "the central premise of Argersinger—that actual imprisonment is a penalty different in kind from fines or the mere threat of imprisonment—is eminently sound and warrants adoption of actual imprisonment as the line defining the constitutional right to appointment of counsel" in nonfelony cases. Ibid.
4 Charles Fried, a member of the Bar of this Court, accepted our invitation and has well fulfilled his assigned responsibility.
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