(Citations and punctuation omitted.) Godlewski v. State, 256 Ga. App. 35, 36 ( 567 SE2d 704) (2002) (reversing defendant's conviction for speeding where record was silent as to the waiver of his right to counsel). The State bears the burden of demonstrating through a trial transcript or extrinsic evidence
(Citation and punctuation omitted.) Godlewski v. State, 256 Ga. App. 35, 36 ( 567 S.E.2d 704) (2002). Here, the only evidence of Barnes' waiver of either appointed or retained counsel is the document in the record entitled "Affidavit of Defendant Prior to Entering Plea."
"The State may carry this burden by showing a valid waiver through either a trial transcript or other extrinsic evidence." Godlewski v. State, 256 Ga. App. 35, 36 ( 567 SE2d 704) (2002). Pointing out that the record in this case offers no explanation as to why defendant lacked counsel, the State argues that Alford has not demonstrated he was denied the right to counsel.
(Citations and punctuation omitted.) Godlewski v. State, 256 Ga. App. 35, 36 ( 567 SE2d 704) (2002). The State did present some extrinsic evidence in the form of oral testimony at the hearing on the motion for new trial.
Reviere v. State, 231 Ga. App. 329, 330 (1) ( 498 SE2d 332) (1998).Godlewski v. State, 256 Ga. App. 35, 36 ( 567 SE2d 704) (2002).Brown v. State, 256 Ga. App. 603, 604-605 (1) (a) ( 568 SE2d 727) (2002).
(Citations and punctuation omitted.) Godlewski v. State, 256 Ga. App. 35, 36 ( 567 S.E.2d 704) (2002). Here, the only evidence of Lawal's waiver of either appointed or retained counsel were the above-mentioned documents.
1. The Georgia Constitution requires that a person accused of a crime, whether misdemeanor or felony, has a constitutional right to be defended by retained counsel of his choosing. Barnes v. State, 275 Ga. 499, 501(1) ( 570 S.E.2d 277) (2002); see Ga. Const. of 1983, Art. I, Sec. I, Para. XIV; Godlewski v. State, 256 Ga. App. 35, 36 ( 567 S.E.2d 704) (2002). The right attaches at the pleading stage of the criminal process and extends to arraignment.
Punctuation and emphasis omitted.) Godlewski v. State, 256 Ga. App. 35, 36 ( 567 S.E.2d 704) (2002). Although no particular questions are required as evidence of this waiver, the record must reflect that the defendant was made aware of the dangers of self-representation, and nevertheless made a knowing and intelligent waiver.
The State may carry its burden “by showing a valid waiver through either a trial transcript or other extrinsic evidence[,]” including an appropriate pretrial waiver form. Id. at 702, 678 S.E.2d 160 (citing Godlewski v. State, 256 Ga.App. 35, 36, 567 S.E.2d 704 (2002)). See also Tucci v. State, 255 Ga.App. 474, 476(1), 565 S.E.2d 831 (2002).