Yancey v. State

Adams, Judge.

Following a bench trial in which he represented himself, James Michael Yancey was convicted of loitering or prowling. He appeals, arguing that he is entitled to a new trial because the State has failed to meet its burden of showing that he validly waived his right to counsel or his right to a jury trial. Finding merit to these contentions, we reverse.

On appeal, the “heavy” burden is on the State to show that Yancey knowingly and intelligently waived these rights. As we recently stated as to the waiver of the right to counsel:

When an accused is placed on trial for any offense,…