State v. Coto

Full title: The STATE, Respondent v. Milton E. COTO, Appellant

Court: Supreme Court of South Carolina

Date published: Nov 28, 1988

374 S.E.2d 181 (S.C. 1988)

374 S.E.2d 181

Opinion

22928

Heard October 21, 1988.

Decided November 28, 1988.

John D. Kassel, of Suggs Kelly, P.A., Columbia, on behalf of A.C.L.U. of the South Carolina Foundation, for appellant. T. Travis Medlock, Atty. Gen., Harold M. Coombs, Jr., Asst. Atty. Gen., Gwendolyn L. Fuller, Staff Atty. and James C. Anders, Sol., Columbia, for respondent.

Heard Oct. 21, 1988.

Decided Nov. 28, 1988.

Per Curiam:

The record does not indicate, and no determination was made, that Appellant's waiver of counsel was knowing and intelligent. Accordingly, the case is reversed and remanded for a new trial. State v. Bateman, ___ S.C. ___, 373 S.E.2d 470 (1988); see also Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Von Moltke v. Gillies, 332 U.S. 708, 68 S.Ct. 316, 92 L.Ed. 309 (1948).

Reversed and remanded.