People v. Smith

Defendant Kenneth Smith pleaded guilty to first degree murder and was sentenced to 25 years in prison. On appeal, defendant contends that his right to counsel was violated when the trial court heard his pro se motion to vacate his guilty plea without determining whether he desired counsel and without securing a waiver of that right. Defendant further contends that the compulsory extraction of his blood and the perpetual storing of his DNA profile violated his constitutional right to be free from unreasonable searches and seizures.

BACKGROUND

On January 12, 2004, defendant entered a negotiated…