Nave v. State

LUMPKIN, Vice Presiding Judge,

concurring in part/dissenting in part.

I concur in the Court’s determination that the eye witness identity evidence was properly admitted, however, I must respectfully dissent to the finding that Appellant did not knowingly and voluntarily waive his right to counsel.

The record, when viewed in its entirety, demonstrates that Appellant made a knowing, intelligent and voluntary waiver in this case. He initiated his request in a calculated and articulate fashion by filing a Motion to Proceed Pro Se and a Brief in Support of Motion to Proceed Pro Se. (O.R.14-16) After…