Boesel v. State

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Dennis W. Boesel appeals from his convictions for Arson,1 a Class B felony, Burglary,2 a Class C felony, and Theft,3 a Class D felony. We reverse and remand.

ISSUE

We restate the dispositive issue on appeal:

Was Boesel denied his right to assistance of counsel when the trial court failed to appoint an attorney for him after his third court-appointed counsel withdrew during trial and the trial proceeded with Boesel absent and unrepresented? 4

FACTS

On March 183, 1989, Gerald Thom was appointed to represent Boesel after two other attorneys had withdrawn. On…