Smith, convicted of simple battery, a misdemeanor, questions whether the trial court erred in failing to appoint counsel to represent him, to inquire as to his indigency, to adequately advise him of the perils of proceeding pro se, and to make a determination as to his competency to stand trial.
Smith was charged by accusation with one count of criminal trespass and one count of simple battery and pled not guilty. The court subsequently entered an order noting that Smith had indicated at arraignment that he would hire private counsel. The accusation was later amended by adding one count of criminal trespass. Prior to trial, Smith wrote a letter to the court stating that this incident had caused him physical and mental impairment and was partly the cause of his becoming unemployed; that although this had resulted in his indigence, his request for representation by the public defender had been denied on grounds that he did not qualify monetarily; but that he had been unable to employ counsel. He attached documentation in support of his argument that he was indigent, and he asked the court for *568advice.
After being rescheduled several times, the case came on for trial before a jury. Smith defended himself. The jury found him not guilty of criminal trespass and guilty of simple battery. The court imposed a fine of $360 and a 12-month probated sentence conditioned upon, among other things, payment of the fine and performance of community service.
1. Smith contends that the court erred in failing to make a determination upon the record of whether he was indigent and therefore entitled to the appointment of counsel to represent him, in the absence of knowing and intelligent waiver of that right; he states that he did not waive his right to counsel, and he complains of the court’s failure to advise him of the dangers of proceeding without counsel. See Fernandez v. State, 171 Ga. App. 290 (319 SE2d 503) (1984).
A defendant in a misdemeanor criminal prosecution is entitled to appointed counsel only where the defendant is sentenced to actual imprisonment. Brawner v. State, 250 Ga. 125 (2) (296 SE2d 551) (1982). As said in Jones v. Wharton, 253 Ga. 82, 83 (316 SE2d 749) (1984), in which the habeas corpus petitioner had been sentenced to 12 months in prison for a misdemeanor, “[w]hen an accused is placed on trial for any offense, whether felony or misdemeanor, for which he faces imprisonment, the constitutional guarantee of right to counsel attaches. Argersinger v. Hamlin, 407 U. S. 25 (92 SC 2006, 32 LE2d 530) (1972).” Where, as here, the defendant was fined and given a conditional, probated sentence, he was not entitled to court-appointed counsel. Capelli v. State, 203 Ga. App. 79 (1) (416 SE2d 136) (1992); but see Lawal v. State, 201 Ga. App. 797 (1) (412 SE2d 864) (1991) (physical precedent only); Lowrance v. State, 183 Ga. App. 421 (1) (359 SE2d 196) (1987) (physical precedent only).
This does not, however, complete the necessary inquiry. The record is devoid of any indication that Smith’s rights to retained counsel, at a minimum, were adequately explained to him or were intelligently waived by him.
Georgia’s Constitution provides both the right to defend one’s cause “either in person or by an attorney” and that a person charged with an offense against the state “shall have the privilege and benefit of counsel.” Ga. Const. 1983, Art. I, Sec. I, Pars. XII, XIV.
The dissent hinges its contention on the premise that, since Smith was not sentenced to prison on his misdemeanor conviction of simple battery, he was not entitled to court-appointed counsel. Capelli, supra. This emphasis on the source of payment of counsel, however, overlooks the fact that Smith at no point in the record expressed anything other than his desire to have counsel. Smith originally intended to retain counsel, which certainly was his constitutional privilege whatever the nature of the charge, as is reflected in *569the court’s December 30, 1992 order setting the case for trial on the January 22, 1993 calendar. “A criminal defendant does have a constitutional right to be defended by counsel of his own selection whenever he is willing and able to employ such counsel. Delk v. State, 100 Ga. 61 (27 SE 152) (1896); Long v. State, 119 Ga. App. 82 (166 SE2d 365) (1969).” Burney v. State, 244 Ga. 33, 35 (1) (257 SE2d 543) (1979). There can be no contention that Smith at any point opted, with full knowledge of all his rights, to exercise his right to self-representation. Clarke v. Zant, 247 Ga. 194, 197 (275 SE2d 49) (1981); Burnett v. State, 182 Ga. App. 539, 540 (356 SE2d 231) (1987).
Apparently having been unable to retain counsel due to the loss of his job, Smith wrote to the court in a letter dated January 4, 1993 and stamped received by the court on January 14, and provided the court with financial evidence concerning his indigency. Therefore, at this point, some inquiry by the court was required to determine whether or not Smith was indigent under OCGA § 17-12-4 (a). Lawal, supra; Lowrance, supra; Butler v. State, 198 Ga. App. 217, 219 (lb) (401 SE2d 43) (1990) (whole court case, with three judges concurring, physical precedent). See Houston v. State, 205 Ga. App. 703 (423 SE2d 431) (1992).
There is no indication of such dilatory tactics by Smith which would have amounted to a waiver of his right to proceed with retained counsel if he was not indigent. Staples v. State, 209 Ga. App. 802, 804 (434 SE2d 757) (1993); Houston, supra; Fernandez v. State, 171 Ga. App. 290, 293 (319 SE2d 503) (1984).
This case is on all fours with and controlled by Kirkland v. State, 202 Ga. App. 356, 357 (414 SE2d 502) (1991) and must be reversed.
2. We need not consider the remaining enumerations.
Judgment reversed.
Pope, C. J., McMurray, P. J., Birdsong, P. J., Cooper, Johnson, Blackburn and Smith, JJ., concur. Beasley, P. J., dissents.