Burnett v. State

I concur in the judgment but cannot agree with all that is contained in the opinion.

I would not overrule Brown v. State, 161 Ga. App. 663 (289 SE2d 535) (1982).

Brown is distinguishable. There was nothing in the opinion to indicate that defendant was warned at any time of the dangers of proceeding without trial or knew of them. Thus there was no assurance that, when he was told he did not qualify for publicly-paid counsel, his decision whether to hire counsel or represent himself should be guided by the dangers of proceeding pro se.

Here it is abundantly clear from the record that defendant…