People v. Duran

BABCOCK, Judge.

Defendant, Gilbert A. Duran, was convicted of three counts of aggravated robbery in 1975. In 1980, defendant filed a pro se motion for postconviction relief pursuant to Crim.P. 35(c), alleging that he had not received effective assistance of counsel at trial. Defendant appeals the trial court’s denial of that motion, and we remand with directions.

I

Defendant contends that it was plain error for the trial court to require him to proceed pro se at the Crim.P. 35(c) hearing without a valid waiver of his right to counsel.

Defendant was informed by the public defender’s office, which…