State v. Tomah

WATHEN, Justice.

Defendant Frederick Tomah appeals his conviction on one count of burglary, 17-A M.R.S.A. § 401 (1983 & Supp.1988) and one count of theft, 17-A M.R.S.A. § 353 (1983) entered in the Superior Court (Aroostook County; Pierson, J.). Defendant represented himself during the jury trial and now on appeal argues through counsel that he did not knowingly and voluntarily waive his right to counsel. We agree and we vacate the judgment.

Both the United States Constitution and the Constitution of Maine guarantee an accused the right to counsel in a criminal proceeding. U.S. Const, amend. VI;…