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Lee v. State

The defendant's failure to challenge the sufficiency of the evidence supporting his convictions on appeal was fatal to his claim that he was denied due process and the assistance of counsel during a critical stage of the proceedings by not having counsel at his arraignment.

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Domenic Lee appeals his convictions of trafficking in cocaine, possession of marijuana with intent to distribute it, and driving without a license, contending that: 1 he was denied due process and the assistance of counsel during a critical stage of the proceedings by not having counsel at his arraignment and 2 he was denied due process and the effective assistance of counsel by the trial court’s refusal to grant a continuance of the trial. Finding no error, we affirm.

Lee was arrested on April 24, 2000. The same day, he indicated on the standard form1 headed “Application for Appointment of Counsel and Certificate of Financial Resources” that he could afford a lawyer and did not want the court to provide one. Sometime later that month, he was released on bond. On June 6, 2000, an accusation was filed, and, on July 20, 2000, Lee waived indictment and pled not guilty. Lee appeared without an attorney on the latter date.2 The record before us, however, is devoid of other indications about what may have occurred on July 20, 2000, except that the order denying Lee’s motion for a new trial states that, on that date, Lee “refused court appointed counsel” and “the case was set for trial on Monday, September 18, 2000.”

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