Spears v. State

MILLER, Judge.

William Spears, age thirty-four (84), was convicted by a jury of battery, a class B misdemeanor, and requests a new trial. He claims: 1) the trial court erred in denying him pauper counsel; and 2) he did not knowingly and voluntarily waive his right to counsel. Spears' second claim is disposi-tive.

We reverse.

FACTS

Spears was charged with battery, a class B misdemeanor, on January 6, 1992. An initial hearing was held on January 29, 1992 at which Spears requested a court appointed attorney. The court placed him under oath, conducted a brief examination into his financial status,…