State v. Warner

594 So. 2d 397, 1991 WL 310742
CourtLouisiana Court of Appeal
DecidedDecember 27, 1991
DocketKW 91 0908
StatusPublished
Cited by8 cases

This text of 594 So. 2d 397 (State v. Warner) 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. Warner, 594 So. 2d 397, 1991 WL 310742 (La. Ct. App. 1991).

Opinion

594 So.2d 397 (1991)

STATE of Louisiana
v.
Gregory WARNER.

No. KW 91 0908.

Court of Appeal of Louisiana, First Circuit.

December 27, 1991.
Writ Denied January 31, 1992.

*398 Office of Dist. Atty., Covington, for plaintiff-appellee.

William R. Campbell, Jr., New Orleans, for Dist. Atty.

Office of Public Defender, Washington Parish, Covington, for defendant-appellant.

Before SHORTESS, LANIER and CRAIN, JJ.

LANIER, Judge.

Defendant, Gregory Warner, was tried by a jury and convicted of illegal possession of stolen things valued at five hundred dollars or more, in violation of La.R.S. 14:69. At his sentencing hearing, he filed a pro se motion requesting the trial court to dismiss his appointed counsel (who had represented him to that point of the instant proceedings) and permit him to proceed pro se on appeal. Before ruling on defendant's motion, the trial court sentenced him to imprisonment at hard labor for a term of ten years.[1]

FACTS

Before beginning the March 5, 1991 hearing on defendant's motion to proceed pro se *399 on appeal, defendant told the trial court he wished to represent himself on appeal and desired a hearing on his motion to proceed pro se. Citing State v. Dupre, 500 So.2d 873 (La.App. 1st Cir.1986), writ denied, 505 So.2d 55 (La.1987), the trial court stated it would conduct a hearing to determine whether or not defendant knowingly and intelligently elected self-representation. Noting that State v. Dupre dealt with the right of self-representation at trial rather than on appeal, the trial court correctly indicated that it would apply the Dupre criteria, with appropriate modifications for self-representation on appeal.

At the beginning of the hearing, the trial court told the defendant he would have to conform to appropriate courtroom decorum. The court then informed defendant that he would have to stand each time he addressed the court or subject himself to possible sanctions by the court for failure to do so. The court indicated defendant appeared unaware of the proper courtroom decorum required of a defendant who chooses to represent himself.

The defendant was questioned by the court under oath concerning his ability to represent himself. The record reveals the following:

Q. Okay, sir, tell me something, how old are you?

A. Thirty-four years old, Your Honor.

Q. Have you ever represented yourself before in any of your previous convictions?

A. Once in a misdemeanor court and, also, filed supplemental appeal brief to a brief that was filed in one of my cases in '87.

Q. Are you familiar with the Rules of Court?
A. Yes, sir.
Q. What are the Rules of Court?
A. The Rules of the Appellant Court?
Q. Rules of Court. Just Rules of Court? Are you familiar with Rules of Court?
A. No, sir.
Q. Are you familiar with rules that happen to be printed in books?
A. Yes, sir, certain rules.
Q. What kind of rules apply?

A. Rules apply to an appeal is that you can file your appeal, on appeal you have the right to file under Article 920, errors apparent (sic) on the face of the record, under State versus Martin. You also have the right to file your assignment of errors. You have the right to file post-conviction relief application.

Q. Speaking of post-conviction relief, are you familiar with that article that I cited to you at the end of your sentencing, Article 930.8?

A. No, sir. But I understand what you said that I have a right to file post-conviction relief within three years.

Q. I need to advise you that self-representation is almost always unwise and that you may well conduct a defense that would ultimately be to your detriment. Do you understand that, sir?

Q. I also need to tell you that you are not entitled to and will receive no special indulgences by the Court if you intend to represent yourself. Do you understand that?

Q. That if you don't use the right size paper, if you don't use the right color ink, if you don't use—if it's not typed, if those are the rules required by the First Circuit, that you will be bound by those rules and paper and material will be bounced back to you. Do you understand that, sir?

Q. Do you understand that this can all work to your detriment, sir?

Q. That no special help will be forthcoming from any judge or the Clerk of the First Circuit Court of Appeal or any local clerk in assisting you. Do you understand that?

Q. Do you understand that the prosecution of this case is going to be represented by an experienced counsel well versed in appellant review?

Q. Can you read, sir.?

*400 Q. Are you familiar with Black's Law Dictionary?

Q. You are?
Q. What kind of book is it?

A. It's a Black Law Dictionary that explains to you all constitutions (sic) of the Constitutional rights, and etc.

Q. What is your educational background, sir?
A. Seventh grade, Your Honor.
Q. Where did you go to the seventh grade?
A. George Washington Carver in New Orleans, Louisiana.
Q. Do you have any brothers or sisters?
Q. How many?
A. I have three brothers and three sisters. One is deceased.
Q. How many—any of your brothers or sisters ever get into any trouble before?
Q. You are the only one?
Q. Why is that?
A. I really couldn't tell you, Your Honor.

Q. Have you ever had any problems with seeing a mental health specialist at any time?

A. Yes, sir. I was sent to Jackson State Hospital for ninety days evaluation.
Q. Back when?
A. I believe that was 1980.
Q. At that time, do you know what your diagnosis was?
A. No, sir, Your Honor.

Q. Did you talk about proceeding pro se with Mr. Simmons [defense counsel] in this matter?

A. I hadn't had a chance to talk to Mr. Simmons until this day.
Q. That's not what I asked you.

A. When you first called my name, well, I told him that I would like to proceed per (sic) se.

MR. SIMMONS:

Your Honor, we have discussed this matter about his wishes to proceed pro se and I informed him of our appellant attorney in the office who handles all the appeals for the two parishes and he indicated that he wished to go further with this. We have discussed that issue, Your Honor.

EXAMINATION BY THE COURT:

Q. How do you propose to handle such items as written motions, sir?
A. Print them.
Q. Print them?
Q. By printing, them do you mean a press or handwriting them?
A. Handwriting.

Q. Do you know whether or not West will permit a printed form to be filed with the First Circuit?

A.

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Cite This Page — Counsel Stack

Bluebook (online)
594 So. 2d 397, 1991 WL 310742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-warner-lactapp-1991.