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Banks v. State

There was no evidence that the defendant knowingly and intelligently waived her right to counsel before she was found guilty of possession of less than one ounce of marijuana.

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Following a bench trial at which Nakayla Banks proceeded pro se, the Probate Court of Newton County found Banks guilty of one count of possession of marijuana of less than an ounce OCGA § 16-13-2 b and not guilty of one count of possession of alcohol by a minor OCGA § 3-3-23 a. Banks appealed to the Superior Court of Newton County, which affirmed the probate court’s judgment. In Banks’ appeal to this Court, she argues that the evidence was insufficient to support her conviction and that she did not knowingly and intelligently waive her rights to counsel and to a trial by jury. Because we conclude that the record is devoid of a knowing and intelligent waiver of Banks’ right to counsel, we reverse and remand.

1. Under Georgia law, “whether a charge is a felony or a misdemeanor, an accused facing a term of imprisonment is constitutionally guaranteed the right to counsel and must waive that right.” Cook v. State, 297 Ga. App. 701 678 SE2d 160 2009 citing Jones v. Wharton, 253 Ga. 82, 83 316 SE2d 749 1984. See also Barnes v. State, 261 Ga. App. 112, 113 581 SE2d 727 2003. Such a waiver of counsel

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