This Court granted certiorari to the Court of Appeals in Evans v. State , 288 Ga. App. 304 653 SE2d 503 2007, to determine whether the Court of Appeals correctly reversed the trial court’s decision to allow Gregory Evans to represent himself at trial. Finding that the Court of Appeals erred, we reverse. Evans, with his wife, was found in an unoccupied residence. He told the investigating police officers that his name was “Curtis Allen” Evans; items from the house were found in his car, and he was indicted for one count of burglary and one count of giving a false name to a law enforcement officer. Before trial, Evans requested that his appointed counsel be dismissed and that he be allowed to represent himself. After extensive questioning, the trial court declared that it would deny Evans’s request to represent himself. Evans insisted that he wished to do so and stated that he did not want to be “denied my Sixth Amendment right . . . to represent myself.” After further discussion, the court agreed to allow Evans to represent himself. He did so in his jury trial and was convicted on both counts.
On appeal, the Court of Appeals reversed the convictions, ruling that, under Faretta v. California , 422 U.S. 806 95 SC 2525, 45 LE2d 562 1975, and its progeny, the trial court had not made sufficient inquiries of Evans, and had not explained certain legal concepts to him, so as to justify allowing him to represent himself at trial. Of course, “both the federal and state constitutions guarantee a criminal defendant the right to self-representation. See Faretta supra; 1983 Ga. Const., Art. I, Sec. I, Par. XII.” Thaxton v. State , 260 placeStateGa.141, 142 2 390 SE2d 841 1990. To be valid, a defendant’s waiver of his right to be represented by counsel must be knowingly and intelligently made. Faretta , supra at 835 V. “Under Faretta the trial court must apprise the defendant of the dangers and disadvantages inherent in representing himself so that the record will establish that he knows what he is doing and his choice is made with eyes open.” Lamar v. State , 278 placeStateGa. 150, 152 1 c 598 SE2d 488 2004 Citations and punctuation omitted..
