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Ford v. State

The trial court improperly delegated its duty to inquire about the defendant's indigence when it adopted the public defender office's finding that the defendant was not indigent without considering any evidence of his financial affairs.

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Eric Dewayne Ford appeals his conviction by a jury of felony possession of marijuana with intent to distribute and obstruction of a law enforcement officer. In his sole enumeration of error, Ford maintains that the trial court erred in forcing him to proceed to trial pro se with only the assistance of an attorney who was appointed to sit with him and who knew nothing of the case. For the reasons set forth below, we reverse and remand.

On February 4, 1999, Ford and his three co-defendants appeared at an arraignment calendar with other criminal defendants. The district attorney called Ford’s case. Ford was not represented by counsel at that time. The district attorney asked Ford if he understood what the charges were against him, and Ford indicated that he did. Ford was then asked by the district attorney how he wished to plead to the charges, and Ford said, “Not guilty.”

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