State v. Smith

POHLMAN, Judge:

¶1 Jonathan Denard Smith appeals the sentences resulting from his guilty pleas for one count of damage to jail property, a third degree felony, and one count of attempted damage to jail property, a class A misdemeanor. He was sentenced on these two offenses without his counsel present because the district court determined that, for purposes of sentencing, Smith had voluntarily and knowingly waived his right to counsel. Smith argues that the court erred in that determination. We agree and therefore vacate Smith's sentences and remand for further proceedings.

BACKGROUND

¶2 While…