State Ex Rel Juvenile Department v. Afanasiev

Appellant appeals from an order committing him to juvenile training school. He represented himself at the adjudicatory hearing; he now contends that the order committing him should be reversed because the court did not determine on the record that his waiver of his right to counsel was intelligent and competent. We agree.

Appellant, a non-indigent, was charged with criminal mischief in the second degree, assault in the fourth degree and illegal possession of alcoholic liquor. The court granted him two continuances to obtain his own counsel. At the hearing following the second continuance, his…