Callaway v. State

McMurray, Presiding Judge.

Defendant Callaway appeals his conviction of two counts of child molestation. The sole enumeration of error contends that proceeding to trial with defendant unassisted by counsel without establishing that defendant had made a voluntary and knowing waiver of his right to counsel was error. Held:

On August 29, 1989, the trial court determined defendant to be indigent and counsel was appointed to represent him, but this order was rescinded by a further order entered September 5, 1989, which recited that “defendant is not eligible for the appointment of counsel . . . .”…