From Casetext: Smarter Legal Research

State v. Edwards

Minnesota Court of Appeals
Jan 15, 1985
361 N.W.2d 90 (Minn. Ct. App. 1985)

Summary

holding that it is impossible to determine on review whether a defendant's waiver of counsel was knowing and intelligent where there is no record of such waiver

Summary of this case from State v. Framsted

Opinion

No. C2-84-932.

January 15, 1985.

Appeal from the Municipal Court, Hennepin County, C. William Sykora, J.

Hubert H. Humphrey, III, Minnesota Atty. Gen., St. Paul, Robert Alfton, Minneapolis City Atty., James H. Tumulty, Asst. Mpls. City Atty., Minneapolis, for respondent.

Jerod H. Peterson, Minneapolis, for appellant.

Heard, considered, and decided by POPOVICH, C.J., and PARKER and SEDGWICK, JJ.


OPINION


Appellant, Ronald Edwards, appeals his conviction by jury of obstructing legal process, a misdemeanor. We reverse and remand.

Appellant appeared pro se. There is no record of his waiver of counsel.

ISSUE

Was defendant denied a fair trial where he was unrepresented and there is no record of waiver of counsel?

ANALYSIS

The trial court, relying on Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979), held that even though Edwards did not effectively waive his right to counsel, his constitutional rights were not violated because incarceration was not imposed upon his conviction.

The trial court's reliance on Scott is misplaced because that case dealt with a defendant's right to counsel, rather than the validity of a defendant's conviction in the absence of a record of waiver of counsel, which is at issue here.

Minn.R.Crim.P. 5.02, subd. 2, provides that,

Unless the defendant charged with a misdemeanor punishable upon conviction by incarceration voluntarily waives counsel in writing or on the record, the court shall appoint counsel for him if he appears without counsel * * *

(Emphasis added.)

The rule further provides that the court shall not accept the waiver unless the court is satisfied that it is voluntary and has been made by the defendant with full knowledge and understanding of his rights. Those rights requiring full understanding before a plea is entered in a misdemeanor case are specified in Minn.R.Crim.P. 15.02.

DECISION

Since there is no record, it is impossible to determine on review that such waiver was knowing and intelligent. Therefore, we reverse and remand for a new trial.


Summaries of

State v. Edwards

Minnesota Court of Appeals
Jan 15, 1985
361 N.W.2d 90 (Minn. Ct. App. 1985)

holding that it is impossible to determine on review whether a defendant's waiver of counsel was knowing and intelligent where there is no record of such waiver

Summary of this case from State v. Framsted

reversing conviction where there was no record of a valid waiver of counsel

Summary of this case from State v. Mueller
Case details for

State v. Edwards

Case Details

Full title:STATE of Minnesota, CITY OF MINNEAPOLIS, Respondent, v. Ronald A. EDWARDS…

Court:Minnesota Court of Appeals

Date published: Jan 15, 1985

Citations

361 N.W.2d 90 (Minn. Ct. App. 1985)

Citing Cases

State v. Mueller

The facts here do not show any judicial examination to establish that Mueller's waiver was made "with full…

State v. Hawanchak

Where there is no record of a defendant's waiver of counsel, it is impossible to determine upon appellate…