Smith v. State

HOLLAND, Justice:

The defendant-appellant, Shawn Smith (“Smith”), appeals from his judgments of conviction in the Superior Court for Aggravated Menacing, Assault in the Second Degree, weapon and related offenses. Smith contends that the record does not establish that he knowingly, intelligently and voluntarily waived his constitutional right to counsel before being permitted to proceed pro se at trial. We agree. Therefore, the judgments of the Superior Court must be reversed.

Facts

During the first day of a three day trial beginning January 27, 2009, Smith’s counsel made an opening statement to…