State v. White

44 S.W.3d 838, 2001 Mo. App. LEXIS 328, 2001 WL 182383
CourtMissouri Court of Appeals
DecidedFebruary 27, 2001
DocketNo. WD 57135
StatusPublished
Cited by5 cases

This text of 44 S.W.3d 838 (State v. White) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. White, 44 S.W.3d 838, 2001 Mo. App. LEXIS 328, 2001 WL 182383 (Mo. Ct. App. 2001).

Opinions

LAURA DENVIR STITH, Judge.

Defendant-Appellant Raymond D. White appeals from his convictions for assault in the first degree, in violation of Section 565.050 RSMo 1994, and armed criminal action, in violation of Section 571.015 RSMo 1994. Following a trial by jury in the Circuit Court of Jackson County, Missouri, the Honorable Thomas C. Clark, presiding, Mr. White was sentenced to concurrent terms of 15 years imprisonment for first degree assault, and 10 years imprisonment for armed criminal action.

Mr. White contends on appeal that by requiring him to represent himself pro se in his trial by jury, the trial court denied his rights to counsel, a fair trial, and due process of law, in that the court failed to secure from him a written waiver of his right to counsel, as required under Section 600.051 RSMo 1994. Alternatively, Mi'. White argues that he did not make a knowing and intelligent waiver of counsel, as required under the Sixth Amendment of the United States Constitution, when, on the same morning that his “standby counsel” was released, he was required to proceed to trial without further opportunity to hire counsel and without a new express or implied waiver of counsel at that time. The State concedes that no written waiver of counsel was secured from Mr. White, but argues that Mr. White nevertheless made a knowing and intelligent waiver of counsel because the record shows that the court below thoroughly apprised Mr. White of the relevant facts necessary to make a knowing waiver under Section 600.051, and Mr. White still proceeded to trial without counsel.

We find that, while Mr. White was apprised of the contents of Section 600.051, and ultimately represented himself at trial, the record also shows that he appeared on the day of trial reasonably expecting the assistance of standby counsel to assist him in his defense, and was not given any time to hire other counsel or prepare for trial without the assistance of standby counsel once the court permitted standby counsel to withdraw on the morning of trial, as required by prior decisions of this court. For this reason, we reverse and remand for a new trial.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 26, 1997, Mr. White was charged by information with one count of assault in the first degree and one count of armed criminal action. Mr. White was arraigned on these charges on October 2, 1997, and for a few months after the arraignment Mr. White was apparently rep[840]*840resented by the state public defender’s office. On February 10, 1998, however, public defender Todd Schultz filed an application to withdraw from representing Mr. White because Mr. White had been able to post a rather substantial $75,000 bond, and so was financially ineligible for public defender representation pursuant to Section 600.086 RSMo 1994.

The parties appeared before Judge Clark on February 25, 1998, for a hearing on Mr. Schultz’s application to withdraw. The court asked Mr. Schultz to explain to Mr. White why the public defender’s office was seeking to withdraw as Mr. White’s attorney. Mr. Schultz told Mr. White that he did not qualify financially for representation by the public defender’s office, in part because he had posted such a substantial bond, but also because he was employed, making $7.00 per hour. Mr. White said that he understood Mr. Schultz’s explanation, and could offer no reason why the public defender’s office should not be allowed to withdraw from representing him. The court granted Mr. Schutz’s motion to withdraw.

The court then informed Mr. White that his trial was set on the docket for March 16, 1998, approximately three weeks later, and, as set forth in further detail infra, extensively warned Mr. White about the dangers of proceeding pro se and the benefits of retaining counsel. On March 16, 1998, Mr. WTite appeared before the court and gave Judge Clark the business card of a local attorney, on the back of which was written, “I will be representing [Mr. Wfhite] on this case. However, I [was] just retained Friday afternoon, 3-13 and am in Division 28 this morning for a felony plea. Please continue this if you would. Thank you, [signed].” The court continued the matter that day, but when pretrial conferences were held on March 23, 1998, and May 7, 1998, Mr. WTite once more appeared without legal representation, as the counsel he thought he had retained decided not to represent him.

On June 8, 1998, the parties again appeared before the court. As set out in further detail infra, Mr. White appeared without an attorney, and during this hearing, the court engaged in a colloquy with Mr. White, reviewing with him the provisions of Section 600.051, which contains disclosures that must be made to a defendant who desires to waive counsel. Mr. White indicated that he had been prepared to defend himself because he thought the trial would be held before the court. Upon learning that the trial would be held before a jury, Mr. White indicated that he did want to retain counsel. Accordingly, and with admirable patience, the court again continued the case, with admonitions that this would be the last continuance and that Mr. White should be prepared to proceed with or without counsel at the next trial setting.

The parties next appeared before the court on August 21, 1998, and Mr. White again appeared without an attorney. The court again engaged in a lengthy colloquy with Mr. White during which it essentially reminded Mr. White of the many warnings he had been given concerning the dangers of representing himself, and Mr. White indicated that he understood these warnings. The court ultimately told Mr. White that he would be allowed to represent himself, but that the court would appoint Mr. Schultz of the public defender’s office as “standby counsel” to assist him in his defense, and would continue the case for this purpose. Mr. White agreed to this course of action, and the court continued the case to December 1998 so that Mr. White and his standby counsel, Mr. Schultz, could prepare for trial.

When Mr. White again appeared before the court on December 7, 1998, for trial, [841]*841his standby counsel, Mr. Schultz, filed an application to withdraw as standby counsel on the ground that Mr. White still was not indigent, and thus still did not qualify for even “standby” representation by a public defender. The court denied the motion, but continued the case so that Mr. Schultz could file a writ in this Court to determine whether the trial court had the power to appoint a public defender to remain by Mr. White’s side as his standby counsel absent proof of indigence. The next day, December 8, 1998, the court indicated it believed this court would require it to dismiss Mr. Schultz as counsel on the basis that, as Mr. White did not qualify financially for public defender representation, the public defender could not be required to represent him as standby counsel either. The trial court accordingly allowed Mr. Schultz to withdraw. Despite the fact that the court had just dismissed the standby counsel whom Mr. White had believed would assist him at trial, the court did not give Mr. White an opportunity to obtain other counsel or to further prepare so that he was ready to proceed pro se, nor did it again go over the provisions of Section 600.051. Rather, the court required Mr. White to proceed to trial pro se that very day.

While the court did a commendable job of assisting Mr. White in understanding how to represent himself at trial, Mr.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
44 S.W.3d 838, 2001 Mo. App. LEXIS 328, 2001 WL 182383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-moctapp-2001.