Middleton v. State

Phipps, Judge.

Glen Middleton appeals his conviction for burglary. He contends the trial court erred by allowing him to proceed to trial without counsel and without assuring that he made a voluntary, knowing, and intelligent waiver of his right to counsel. We agree and reverse.

1. The constitution guarantees the right to counsel to an accused in any prosecution that could result in imprisonment.1 Although the accused may waive this right, the waiver is valid only if it is made with an understanding of (1) the nature of the charges, (2) any statutory lesser included offenses, (3) the range of…