State v. Bond

650 So. 2d 354, 1995 WL 34032
CourtLouisiana Court of Appeal
DecidedJanuary 31, 1995
Docket94-KA-509
StatusPublished
Cited by15 cases

This text of 650 So. 2d 354 (State v. Bond) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bond, 650 So. 2d 354, 1995 WL 34032 (La. Ct. App. 1995).

Opinion

650 So.2d 354 (1995)

STATE of Louisiana
v.
Hilton BOND.

No. 94-KA-509.

Court of Appeal of Louisiana, Fifth Circuit.

January 31, 1995.

*355 John M. Mamoulides, Dist. Atty., Terry M. Boudreaux, Asst. Dist. Atty., Gretna, for plaintiff-appellee.

Linda Davis-Short, Staff Appellate Counsel, Indigent Defender Bd., Gretna, for defendant-appellant.

Before GAUDIN and DUFRESNE, JJ., and JOHN C. BOUTALL, J. Pro Tem.

GAUDIN, Judge.

Appellant Hilton Bond was found guilty of unauthorized entry of an inhabited dwelling in violation of LSA-R.S. 14:62. He received a one-year sentence at hard labor, suspended, and he was placed on active probation for two years subject to conditions. We affirm.

In the early morning of August 23, 1992, Bond entered his ex-wife's apartment by breaking a window. Having suffered a "gash" on his leg which began to bleed profusely, he telephoned for medical assistance from inside her apartment. When officers responded to his call, they found him on the premises. At that time, his ex-wife was neither home nor had she given him permission to enter her apartment.

The six-person jury in the 24th Judicial District Court was unanimous in finding Bond guilty.

On appeal, Bond assigned these errors:

(1) the trial judge erred in allowing him to represent himself at trial;

(2) the trial judge erred in denying his motion for a continuance;

(3) the trial judge erred in allowing him to testify at trial without adequately advising him of his right not to testify;

(4) the trial judge erred in refusing to allow him to introduce letters which would *356 have supported his defense of implied consent; and

(5) there were errors patent.

ASSIGNMENT NO. 1

Here, Bond argues that it was reversible error for the trial judge to permit self-representation with the assistance of court-appointed counsel.

The sixth amendment to the United States Constitution gives the defendant in a criminal prosecution the right to represent himself.

Because an accused managing his own defense relinquishes many of the traditional benefits associated with the right to counsel, he must knowingly and intelligently forego those benefits in order to represent himself. See Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and State v. Carpenter, 390 So.2d 1296 (La.1980). Although no minimum requirements have been established for judging the sufficiency of a waiver of counsel, there must be a reasonable inquiry to establish on the record a knowing and intelligent waiver under the overall circumstances. See State v. Strain, 585 So.2d 540 (La.1991). Further, the record must show that a defendant waived his right "with eyes open" and with an awareness of the danger of self-representation. See State v. Harper, 381 So.2d 468 (La.1980).

In the following excerpt from the transcript, Mr. Williams is the prosecuting attorney, while Mr. Hafner is Bond's court-appointed lawyer.

"THE COURT:
Mr. Bond [defendant], you have something you would like to say?
MR. BOND:
Yes, sir, I would like to get my own attorney, and I'd like to file a motion to get this extended. I have contacted a lawyer I used before yesterday, but he wasn't able to come today. I feel like Mr. Hafner [appointed counsel] thinks that I'm guilty already, and he's been very rude to me. I've contacted a lawyer yesterday, and I've used him before on a civil case. Mr. Hafner has been very rude, and he thinks that I'm guilty already, and I don't think he can represent me.
MR. WILLIAMS [prosecutor]:
Judge, I object. This case has been set for trial, and it's ready for trial. The Court certainly has the right to let him represent himself.
MR. BOND:
I would rather have a lawyer.
THE COURT:
... I suggest to you, Mr. Bond, that you utilize Mr. Hafner's abilities on your behalf during this trial.
If you refuse to do that, you may represent yourself, but we're going to proceed with the trial.
MR. BOND:
It really doesn't look like he's on my side— I'm sorry for having to have to say that, but it doesn't look like he's on my side, and I've already contacted someone else.
MR. WILLIAMS:
Judge, the state elects to proceed with the case against Hilton Bond in Case Number 93-4841.
THE COURT:
All right. We will have to get the jury panel up here. In the meantime, Mr. Bond, we are going to recess your case, and take up some other cases that are on the docket today.
In the meantime, would you please discuss this with Mr. Hafner, and we will get back to you shortly.
THE COURT:
Mr. Bond, have you come to any decision about what you want to do? Are you making a motion at this time to disqualify your counsel on the basis of ineffective counsel?
MR. BOND:
Yes, sir.
THE COURT:
And what is the basis for that? And I want to warn you before you say anything, that you shouldn't say anything that would be against your interest that transpired between you and your attorney. That is absolutely privileged communication.
*357 MR. BOND:
I understand, but he thinks that I'm already guilty, and I don't feel that he's really trying to help me. I feel like he's working against me. I feel that I would be better off with my own attorney, or if I even have to, to just represent myself.
THE COURT:
Well, having known Mr. Hafner by him trying a number of cases in this court, I know that Mr. Hafner would not take a position where he would do anything against the interest of any of his clients, to the extent of his abilities, which I regard as being considerable.
I believe that he is competent and able to represent you. And what happened is that you have applied for the appointment of an attorney to represent you on the ground that you could not afford a private attorney.
I believe the record reflects that you made Six Hundred and Fifty ($650.00) Dollars a month, and the appointment of an attorney to represent you was approved. You are entitled to be represented by an attorney.
The alternative for you—I am going to deny your motion to replace Mr. Hafner on the grounds that you have stated for ineffectiveness of counsel. The alternative, now, is that you represent yourself, which I want to tell you would be absolutely against your interest.
Have you every tried a case before?
MR. BOND:
No, sir.
THE COURT:
Have you ever had any legal training, or any training of the law?
MR. BOND:
No, sir.
THE COURT:
Do you know what the words of "voir dire" means?
MR. BOND:
No, sir.
THE COURT:

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Bluebook (online)
650 So. 2d 354, 1995 WL 34032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bond-lactapp-1995.