People v. Alengi

Judge DAILEY

dissenting.

I respectfully dissent.

“Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive for it affects his ability to assert any other rights he may have.” United States v. Cronic, 466 U.S. 648, 654, 104 S.Ct. 2039, 2044, 80 L.Ed.2d 657 (1984)(quoting Schaefer, Federalism and State Criminal Procedure, 70 Harv. L.Rev. 1, 8 (1956)).

“ ‘[F]orcing a criminal defendant to go to trial pro se’ without conducting an appropriate inquiry into his financial ability to afford counsel ‘constitutes a denial of [a] defendant’s sixth…