Smith v. State

Pope, Judge.

Defendant Victor Tyrone Smith was convicted of three counts of selling cocaine in violation of the Georgia Controlled Substances Act. On appeal he contends that he was “forced” to proceed pro se, and that the trial court “erred by failing to insure that [he] knowingly and voluntarily waived his right to counsel.” Held:

The record shows that defendant was originally represented by retained counsel who filed a motion to withdraw based on defendant’s failure to pay him his retainer. The trial court granted defendant’s attorney’s motion on November 11, 1988. The trial was first set to…