People v. Derra

Did defendant effectively waive counsel?

No.

We reverse and remand.

Derra was convicted by a jury of driving under the influence of intoxicating liquor and was sentenced to one year probation with no fine and ordered to attend an alcoholism program. He now appeals, contending that he did not effectively waive counsel.

On December 21, 1979, a complaint was filed charging Derra with driving under the influence of an intoxicating liquor. On January 25,1980, defendant filed a motion for appointment of counsel asserting that he was , indigent. Three days later, on January 28, the public defender was…