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State v. Lyttle

Superior Court of Maine
Apr 8, 2016
CR-15-4590 (Me. Super. Apr. 8, 2016)

Opinion

CR-15-4590

04-08-2016

STATE OF MAINE, Plaintiff, v. LLOYD L LYTTLE, Defendant


ORDER

Paul Fritzsche Justice, Superior Court

Mr. Lyttle has been charged with four offenses including a charge, in Count I of the complaint, of operating under the influence as a second offense based on a prior conviction from September 17, 2014.

The defendant has filed a Motion to strike prior conviction alleging that it was obtained without a valid waiver of counsel. The attorneys have informed the Court that when Mr. Lyttle was charged with first offense operating under the influence he was informed about the right to counsel as part of a presentation to all the defendants, that he did not have counsel, that he was not questioned about waiving counsel when he pled and that he pled guilty and received a sentence which did not involve jail time.

It is clear under State v Cook, 706 A.2d 603 (Me. 1998) that he was not entitled to court appointed counsel in 2014. It is not however clear that he voluntarily, knowingly and intelligently waived his right to counsel. See State v. Rowell, 468 A.2d 1005, 7 (Me. 1983) and State v. Holmes. 2003 Me 42 in the context of the right to trial by jury and State v. Watson, 2006 Me 80 in the context of waiver of counsel at trial.

The entry is: Defendant's Motion to strike prior conviction is granted.


Summaries of

State v. Lyttle

Superior Court of Maine
Apr 8, 2016
CR-15-4590 (Me. Super. Apr. 8, 2016)
Case details for

State v. Lyttle

Case Details

Full title:STATE OF MAINE, Plaintiff, v. LLOYD L LYTTLE, Defendant

Court:Superior Court of Maine

Date published: Apr 8, 2016

Citations

CR-15-4590 (Me. Super. Apr. 8, 2016)