State v. Kennon

588 So. 2d 1348, 1991 WL 226596
CourtLouisiana Court of Appeal
DecidedOctober 30, 1991
Docket22891-KA
StatusPublished
Cited by19 cases

This text of 588 So. 2d 1348 (State v. Kennon) 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. Kennon, 588 So. 2d 1348, 1991 WL 226596 (La. Ct. App. 1991).

Opinion

588 So.2d 1348 (1991)

STATE of Louisiana, Appellee,
v.
Jerome KENNON, Appellant.

No. 22891-KA.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1991.

*1349 Jerome Kennon, in pro. per.

Indigent defender Bd. by Wm. Rick Warren, for appellant.

William J. Guste, Jr., Atty. Gen., James M. Bullers, Dist. Atty., Charles E. McConnell, Asst. Dist. Atty., for appellee.

Before MARVIN, VICTORY and STEWART, JJ.

VICTORY, Judge.

This appeal arises from a conviction of aggravated rape for which defendant, Jerome Kennon, was sentenced to life imprisonment. Kennon appeals his conviction complaining (1) the trial court erred in allowing him to represent himself, (2) the trial court erred in allowing the prosecutor to argue in its closing statement that the defendant would have raped other individuals, and (3) that the evidence was insufficient to support the conviction. We affirm.

FACTS

On February 17, 1990 at approximately 10:00 a.m., Christina Wylle reported to the Webster Parish Sheriff's Office that she had been raped at her trailer near the city of Doyline. Sheriff deputies and local officials responded to the call and elicited a detailed description of the perpetrator from the victim. Christina told the officers that a man came to her door looking for work, then forced his way into her home, and raped her while holding a kitchen knife to her throat. From the description, the officers suspected the defendant as the perpetrator. Following Kennon's arrest on the same day, Christina identified him in a lineup.

On February 21, 1990, Kennon appeared in court on a tentative charge of aggravated rape and was referred to the Indigent Defender Board for appointment of counsel. On February 22, 1990, a Webster Parish Grand Jury returned a true bill against the defendant, charging him with aggravated rape of Christina Wylle, in violation of LSA-R.S. 14:42. On July 17, 1990, defendant motioned the court to allow him to proceed in proper person. Following a hearing, the defendant's motion was granted and his appointed counsel was ordered to be present during the trial to assist the defendant.

On August 29, 1990, a jury found the defendant guilty as charged, and he was subsequently sentenced to life imprisonment without benefit of probation, parole, or suspension of sentence.

SELF-REPRESENTATION

Defendant's first assignment is that the trial court erred in allowing him to represent himself after determining that he lacked sufficient knowledge and understanding. Specifically, defendant argues that the trial court failed to adduce enough information at the hearing to determine whether he knowingly and intelligently waived his right to counsel.

At the hearing of defendant's motion for self-representation, the following colloquy took place between the trial judge and the defendant:

Q: All right, sir. How much education have you had, Mr. Kennon?

*1350 A: I've got a high school graduation diploma and a few semesters of college.

Q: You are then able to read and write the English language?

A: Yes, sir.

Q: You understand the nature of the charge aggravated rape?

A: Yes, sir.

Q: Do you understand that by waiving your right to an attorney, that you'll be unrepresented by anyone who is trained and skilled in the law and I understand, Mr. Kennon, you believe you know about the law, but I'm going to tell you, sir, that I've read your pleadings and I think that you don't know as much as you think you know, do you understand that?

A: Well, I think that I know enough to get me by in this case, Your Honor.

Q: You understand that. You understand the perils and pitfalls. Do you understand that by waiving your right to an attorney that the State is going to be represented by the district attorney who has a degree in the law and who is trained and skilled in the prosecution of felony cases, do you understand that?

A: As long as he don't do nothing illegal that's within the means of the law, I understand that, I don't have no problems with representing myself.

Q: Well, how are you going to know— Let me tell you, you don't raise your voice at me, Mr. Kennon.

At this point, the court admonished the defendant to "chill out" or he would be cited for contempt of court. Following Kennon's reply of "cite on," he was held in direct contempt of court and ordered to serve six months in jail consecutive with any other sentence. The trial judge continued as such:

THE COURT: Mr. Kennon, I don't believe, based on your attitude, the things that you have done in this case, that you are of sufficient knowledge and understanding to represent yourself, but based upon your request, I'm going to allow you to continue and represent yourself with the assistance of Mr. Smith with the Indigent Defender Board. Mr. Smith, the Court will require that you remain in the courtroom and assist Mr. Kennon with the defense of his case. However he desires to handle his own defense, he may be entitled to do so. All right.
MR. KENNON: Thanks.
THE COURT: I think you're making a serious mistake, Mr. Kennon, but that's your....

The sixth and fourteenth amendments of the federal constitution guarantee the right to assistance of counsel before someone can be convicted and imprisoned. The sixth amendment further grants to an accused the right of self-representation. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); State v. Carpenter, 390 So.2d 1296 (La.1980). Although a defendant should be made aware of the dangers and disadvantages of self-representation, there is no particular formula which must be followed by the trial court in determining whether defendant has waived his right to counsel. State v. Harper, 381 So.2d 468 (La.1980). The determination of whether defendant knowingly and voluntarily waived his right to counsel depends on the facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938); State v. Carpenter, supra. The record must reflect that the defendant is waiving his right "with eyes open" and with an awareness of the dangers and disadvantages of self-representation. State v. Harper, supra.

It is clear throughout this state's jurisprudence that the adequacy of a defendant's self-representation and legal competence are not determinative of a valid waiver of counsel. The federal and state constitutions guarantee the right to self-representation, but make no qualifications or requirements concerning an accused's legal ability.

*1351 The record is replete with pre-trial motions filed by the defendant that reveal his knowledge of the seriousness of the crime charged and the possibility of life imprisonment. The record affirmatively shows that the defendant was literate, competent, and understood the charges against him. The trial judge warned the defendant on the record of the dangers and disadvantages of self-representation. Although the judge expressed his personal belief that Kennon was inexperienced and was making a mistake, he clearly found that the defendant knowingly and intelligently waived his right to counsel, which is all the constitution requires. As stated by this court in State v. Bradley, 535 So.2d 1108 (La.App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Conner
152 So. 3d 209 (Louisiana Court of Appeal, 2014)
State v. Mead
988 So. 2d 740 (Louisiana Court of Appeal, 2008)
State v. Morris
917 So. 2d 745 (Louisiana Court of Appeal, 2005)
State v. Carter
814 So. 2d 710 (Louisiana Court of Appeal, 2002)
State v. Held
748 So. 2d 608 (Louisiana Court of Appeal, 1999)
State v. Flanagan
744 So. 2d 718 (Louisiana Court of Appeal, 1999)
State v. Post
729 So. 2d 38 (Louisiana Court of Appeal, 1999)
State v. Owens
719 So. 2d 610 (Louisiana Court of Appeal, 1998)
State v. Wafer
719 So. 2d 156 (Louisiana Court of Appeal, 1998)
State v. Dunn
713 So. 2d 479 (Louisiana Court of Appeal, 1998)
State v. Guccione
694 So. 2d 1060 (Louisiana Court of Appeal, 1997)
State v. Moore
687 So. 2d 647 (Louisiana Court of Appeal, 1997)
State v. Huff
660 So. 2d 529 (Louisiana Court of Appeal, 1995)
State v. White
660 So. 2d 515 (Louisiana Court of Appeal, 1995)
State v. Pratt
653 So. 2d 174 (Louisiana Court of Appeal, 1995)
State v. DeGrate
634 So. 2d 965 (Louisiana Court of Appeal, 1994)
State v. Barker
628 So. 2d 168 (Louisiana Court of Appeal, 1993)
State v. Kennon
600 So. 2d 634 (Supreme Court of Louisiana, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
588 So. 2d 1348, 1991 WL 226596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kennon-lactapp-1991.