Hadden v. State

ON APPELLEE’S MOTION TO SUPPLEMENT THE RECORD

As one issue in this direct criminal appeal, appellant argues that the trial court erred when it failed to obtain from him a knowing and intelligent waiver of his constitutional right to assistance of counsel. The State has filed its answer brief and moves to supplement the record with an affidavit from the trial judge executed nine months after entry of judgment and sentence. This affidavit purports to set forth the trial judge’s recollection of the hearing where appellant allegedly made a knowing and intelligent waiver of his right to counsel.…