Gilmore v. State

OPINION

KIRSCH, Judge.

Stephen L. Gilmore (“Gilmore”) brings this interlocutory appeal from the trial court’s order finding that Gilmore was no longer indigent and that he had waived or forfeited his right to appointed counsel by his obstreperous conduct. Gilmore presents the following restated issues for our review:

I. Whether the trial court abused its discretion by finding that Gilmore was no longer indigent; and

II. Whether a defendant can waive or forfeit his right to counsel by conduct.

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

In February 2005, the State charged Gilmore with the…