State v. Todd

332 P.3d 887, 264 Or. App. 370, 2014 WL 3638856, 2014 Ore. App. LEXIS 1004
CourtCourt of Appeals of Oregon
DecidedJuly 23, 2014
Docket100545057; A148667
StatusPublished
Cited by8 cases

This text of 332 P.3d 887 (State v. Todd) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Todd, 332 P.3d 887, 264 Or. App. 370, 2014 WL 3638856, 2014 Ore. App. LEXIS 1004 (Or. Ct. App. 2014).

Opinion

DUNCAN, P. J.

In this criminal case, defendant represented herself at trial and was convicted of several prostitution-related crimes. On appeal, she argues that her convictions should be reversed because she did not knowingly and voluntarily waive her right to counsel.1 We review for errors of law, State v. Langley, 351 Or 652, 666, 273 P3d 901 (2012), and we reverse and remand.

The procedural facts of this case are as follows. Defendant was charged by information with six counts of attempted prostitution under ORS 167.007 and ORS 161.405, and six counts of unlawful prostitution procurement activity under Portland City Code 14A.40.050. She was represented by a series of six court-appointed attorneys. All of the attorneys had difficulty working with defendant; four of them moved to withdraw as counsel because of a breakdown in the attorney-client relationship. Due to concerns about defendant’s mental health, one of the attorneys had defendant evaluated to determine whether she was able to aid and assist in her own defense. On May 3, 2011, the date set for trial, defendant appeared in court with her sixth attorney, Crow, who had filed a motion to withdraw as defendant’s attorney. The prosecutor explained to the court that defendant was “represented by Mr. Crow, and we have just been up to [the Criminal Procedure Court] ” and “were sent back down here, and a substitution of attorney, or a release of attorney, was denied, Your Honor.” Crow then informed the court that he was “prepared to proceed with trial” but that defendant “may have something she wants to say to Your Honor.” Defendant then stated:

“[Crow] hasn’t subpoenaed my main witness. He said the Court wouldn’t allow him to. He didn’t know my criminal record when I came to talk to him yesterday. * * *
[372]*372“I am facing consecutive charges, and I don’t feel that he has done anything to help me in this matter. I mean he didn’t even know my criminal record the day before trial, and I don’t want him to represent me.”

At that point, the trial court explained to defendant that “what my job is, is to do trials for this month in misdemeanor cases,” and that “procedural issues that lead up to those trials” are “resolved by the criminal procedure courts * * * so that when a case comes here they’re ready for trial.” The court explained that it had not seen Crow’s motion to withdraw, because the motion had already been decided by a different judge. A colloquy ensued, which we quote at length:

“THE DEFENDANT: I didn’t request for [Crow] to get off my case. He requested to get off.
“THE COURT: Okay.
“THE DEFENDANT: And he told me that I wasn’t going to be going to court today, that first thing in the morning he was going to get — he was dropping the case.
“THE COURT: All right.
“THE DEFENDANT: So I came ill prepared. I’m not dressed for court, I’m not ready for court, and- — •
“THE COURT: Okay. So this is the time that we have set for trial. Your lawyer did a motion to no longer serve as your lawyer. The Court denied that motion so we are ready to proceed for trial.
“THE DEFENDANT: So my other options — Do I have another option?
“THE COURT: Well, you keep talking, and I’m trying to talk and so—
“THE DEFENDANT: I’m sorry, Your Honor.
“THE COURT: —only one of us can speak and the other one can listen, and that’s the way we need to communicate.
“THE COURT: *** So here’s our situation. We are set for trial. You have a lawyer that’s been appointed for you and so that’s the current setup. If you are wishing to [373]*373proceed in a different manner, then you need to let me know that now.
“THE DEFENDANT: Yes, please.
“THE COURT: Okay. So go ahead. What is it that you’re asking for?
“THE DEFENDANT: To — If you’re forcing me to rep — -in order for me to get a fair trial.
“THE COURT: I’m not forcing you to do anything.
“THE DEFENDANT: Okay. Now, if the Court is— To me, I don’t feel safe with this attorney. I don’t feel he’s worked on my case, at all. We haven’t even — We discussed it one time very briefly, and like I said, he hasn’t subpoenaed even my main witness, and I want to testify and we haven’t gone over any of my testimony. I would- — don’t want to be with — If I have to go by myself to get a fair trial, I would prefer to do that.
“THE COURT: Is that what you’re asking for ? Because the choices here — We are set for trial today, and the Court’s understanding is that this case originated back in May of 2010, so we are going to trial today.
“THE DEFENDANT: So I haven’t even gotten full discovery. No one’s given me none of the evidence. I haven’t gotten to see anything.
“THE COURT: [Defendant], my job is to act as the trial judge in this case. The Court, not this Judge, but the Court has made rulings on this case—
“THE DEFENDANT: Uh-huh.
“THE COURT: —that have brought it here today for trial, and that’s what we’re here for, and the Court this afternoon, the Criminal Procedure Court Judge, addressed the issue that your lawyer brought to the Court of wanting to withdraw as your lawyer, and the Criminal Procedure Court Judge denied that motion so we’re not revisiting that issue.
“So here’s the choices. We’re proceeding with trial. [Crow] is going to represent you or you will represent yourself.
“THE DEFENDANT: I’ll represent myself.
[374]*374“THE COURT: So you are not wanting him to act as your lawyer; is that correct?
“THE DEFENDANT: No. Correct.
“THE COURT: Okay. So there is currently a motion that has been filed by your lawyer. Are you wanting him to represent you for purposes of that motion and then end his representation, or are you asking that the Court say, ‘Okay, you’re representing yourself for all purposes from here forward’? Which of those is it that you’re wanting?
“THE DEFENDANT: I don’t really know. I don’t even understand what you just said to me.”

(Emphasis added.)

The trial court then clarified that Crow had filed a motion to dismiss based on multiplicity of charges. Defendant responded that she “thought I had three motions filed; one for a change of venue and for — against [prior bad acts] and one to * * * sever my cases. There should be four motions.” Defendant, Crow, and the court then discussed what other motions had been previously filed by defendant’s other attorneys, which resulted in the following exchange:

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Cite This Page — Counsel Stack

Bluebook (online)
332 P.3d 887, 264 Or. App. 370, 2014 WL 3638856, 2014 Ore. App. LEXIS 1004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-todd-orctapp-2014.