People v. Brooks

809 N.W.2d 644, 293 Mich. App. 525
CourtMichigan Court of Appeals
DecidedAugust 16, 2011
DocketDocket No. 298299
StatusPublished
Cited by9 cases

This text of 809 N.W.2d 644 (People v. Brooks) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Brooks, 809 N.W.2d 644, 293 Mich. App. 525 (Mich. Ct. App. 2011).

Opinion

GLEICHER, J.

Anthony Brooks, no stranger to the criminal justice system, insisted on representing himself against a charge that he had unlawfully entered a DaimlerChrysler Corporation factory storage area intending to commit a larceny inside. Brooks unsuccessfully asserted his right to self-representation at his arraignment, a pretrial conference, and on the day trial [528]*528commenced. A jury ultimately convicted Brooks as charged. Because the trial court denied Brooks’s Sixth Amendment right to self-representation without conducting a meaningful inquiry and in reliance on constitutionally impermissible criteria, we vacate Brooks’s conviction and remand for a new trial. We further hold that the trial court abused its discretion when it departed from the minimum sentencing guidelines range of 9 to 46 months’ imprisonment and imposed a disproportionate life sentence.

I. UNDERLYING FACTS AND PROCEEDINGS

In September 2008 and November 2008, security guards saw Brooks scale a high, barbed-wire-topped fence surrounding a DaimlerChrysler Corporation plant in Detroit. On both occasions, the guards witnessed Brooks run through a storage area housing automotive parts. During the November 2008 incursion, a security guard observed Brooks leave the grounds with two stolen tires. Surveillance video footage of both events supported the guards’ trial testimony. The trial court granted Brooks’s pretrial motion to sever the September 2008 and November 2008 charges, and Brooks initially proceeded to trial on the September entering event. The jury convicted Brooks of entering without breaking with intent to commit larceny in violation of MCL 750.111. Later, Brooks pleaded nolo contendere to charges arising from the November 2008 plant entry.

Brooks urges this Court to reverse his jury trial conviction because the trial court violated his right to self-representation. Brooks first expressed a desire to waive his right to counsel at his preliminary examination. The district court granted Brooks’s request, but [529]*529Brooks allowed his appointed counsel to take over midway through the hearing.

Brooks reasserted his right of self-representation at a circuit court arraignment before Wayne Circuit Court Judge Margie R. Braxton. Judge Braxton peremptorily denied Brooks’s request, ruling: “Well, Pm not going to let him represent himself. Someone has to assist him and right now [defense counsel] you are assisting him. You can’t come here and take over. I’m sorry. No.” Shortly thereafter, Brooks interrupted to reiterate his desire to represent himself:

[Brooks}: Okay. But, see, I’m having problems with my lawyer.... First of all, he come to me asking me questions with information that.... They say I got a plea. He give me no full information on anything.... Then he’s contesting . .. when I explained to him the time limits and statutes on certain things and —
The Court: Oh, so you’re going to be the lawyer?
[Brooks}: I asked to represent myself.
The Court: You know more about the statute than he does?
[Brooks}: Yeah. Your Honor, I have studied law for a while.
The Court: Well, I can tell you’ve been studying but you only got a little bit of it. You got to get the whole dose.
[Brooks}: I got the whole dose....
The Court: What is the problem with your lawyer?
[Brooks}: My problem with my lawyer is that it’s the responsibility and the duty of the client and the lawyer to put full representation of the defense and he’s lacking... . The first thing he didn’t do at this Court when I asked him to come and explain to me that I had already had time served probation, I had asked him to come here and see [530]*530what the plea agreement was. He didn’t give me the full scope of the plea. What am I supposed to do, plea in the blind? . ..
The Court: From listening to you, I suspect you didn’t give him an opportunity.... [To defense counsel] Do you [defense counsel] want to represent him because the information he’s given me in terms of what you have not done is insufficient for me to replace you. Do you want to try to work with him or assist him if he chooses to represent himself? That’s the only question I need answered from you.
[Defense Counsel]: Your Honor, I’ll do the best I can working with him. Somebody is going to have to work with him for sure.
The Court: In this courtroom I will not let him represent himself without the assistance of an attorney. So, if you want to be that man, you can be.
May I suggest this to you. I know that you’re fully versed in the law. What you need to do is to listen to what he has to tell you and in turn not both of you talking at once. You tell him what your perspective is but be courteous enough to listen to what he’s trying to tell you and I’m sure he’ll do the same for you. [Emphasis added.]

At the arraignment’s conclusion Brooks explained to the court, “I take psychotropic drugs because I’m bipolar. Sometimes people think because you take medication, they kind of give you a stigma and that’s what I’m feeling from this individual that he feels that I’m mentally deficient in understanding what’s going on.” Judge Braxton observed that Brooks appeared “pretty smart in some aspects because you’re smart enough to use five or six names to be deceptive.”

After the arraignment, Brooks and appointed defense counsel attended a calendar conference and pretrial hearing conducted by Wayne Circuit Court Judge Daniel E Ryan. Although Brooks complained that his attorney had withheld information and failed to file a [531]*531motion to sever the charges, Brooks did not voice a desire to proceed without counsel.

At a June 26, 2009 final pretrial conference, Brooks advised Judge Ryan that he had previously sought to represent himself, and “I would like to invoke-I would like the court to know that I wanted to invoke my right-inalienable rights secured by the constitution, but it seems like we get-” Judge Ryan interrupted Brooks, inquiring whether an August 10, 2009 trial date suited appointed counsel. At the conclusion of the conference, Judge Ryan revisited Brooks’s self-representation motion and denied it, reasoning as follows:

The defendant has not convinced the court that he’s met the standards as required for self-representation as articulated in both state and federal case law... . [T]here are certain requirements that he needs to demonstrate to the court and he has not done so, including familiarity with the court rules, the rules of procedure, the rules of criminal procedure specifically, the rules of evidence as well as familiarity with the substantive law
... [AJlthough the defendant does have a right to self-representation, he only has the right if he meets certain criteria for the case law. So [defense counsel], you’re still on the file unless he hires somebody else.

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Cite This Page — Counsel Stack

Bluebook (online)
809 N.W.2d 644, 293 Mich. App. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brooks-michctapp-2011.