State v. Wilbur

PREWITT, Presiding Judge.

Following non-jury trial, Defendant was convicted of passing bad cheeks, in violation of Section 570.120, RSMo 1994. He was sentenced to one year in the county jail with all but thirty days to be suspended. On appeal, he contends that the trial court erred in allowing trial to proceed without him having counsel, as he had not knowingly and intelligently waived the right to be represented by an attorney.

This point has merit. The record shows that on the day of trial Defendant appeared without an attorney and, after the case was called, executed the waiver of counsel…