State v. James

¶47 (dissenting) — “A demand to defend pro se must be stated unequivocally.” State v. Fritz, 21 Wn. App. 354, 360, 585 P.2d 173 (1978). Because my review of the record as a whole shows that Bryan Montez James did not unequivocally waive his right to counsel, I would reverse.

Schultheis, A.C.J.

¶48 Unless the demand to defend pro se is stated unequivocally, the waiver of counsel is not valid. State v. DeWeese, 117 Wn.2d 369, 377, 816 P.2d 1 (1991). This is “[t]o protect defendants from making capricious waivers of counsel, and to protect trial courts from manipulative vacillations by…