State v. Kilburn

GARYM. GAERTNER, Judge.

Appellant, James Robert Kilburn (“defendant”), appeals the judgment of conviction for driving while intoxicated, RSMo § 577.010, 1 entered by the Circuit Court of St. Charles County after a bench trial. Defendant asserts the trial court erred in sentencing him to imprisonment because he was not represented by counsel at trial and did not knowingly waive his right to representation by counsel. We reverse and remand.

Criminal defendants are guaranteed the right to counsel, and absent a knowing and intelligent waiver of counsel, no defendant may be imprisoned unless…