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Davis v. State

The trial court did not err in allowing the defendant to proceed pro se after he dismissed his appointed counsel and repeatedly told the trial court that he wanted to represent himself.

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A Coffee County jury convicted defendant Willie Davis of a single count of aggravated assault OCGA § 16-5-21. He was sentenced to twenty years confinement, to serve eighteen years and the remainder probated. The defendant appeals from the denial of his amended motion for new trial, contending that the superior court erred: 1 in allowing him to represent himself for want of a valid waiver of his right to counsel, and 2 in admitting photographs of the victim showing the extent of her injuries because the State failed to produce the photographs ten days before trial as required by OCGA § 17-16-4 a 3. These claims of error are without merit, and we affirm. Held:

1. Initially, the defendant was represented by a public defender. He thereafter filed numerous motions pro se, among them a motion seeking to represent himself. At the first of two hearings on the motions, the superior court granted the defendant’s motion to proceed to trial pro se1 after an inquiry wherein the defendant acknowledged that, in representing himself, he would face dangers as a non-lawyer because of his unfamiliarity with the rules of evidence and the rules of criminal procedure. The defendant also indicated that his request to proceed pro se was freely and voluntarily made; that he understood that he was entitled to court-appointed counsel; and that a decision to allow him to represent himself would be final. However, in ruling upon the defendant’s motion to proceed pro se, the superior court ordered court-appointed counsel to “sit with defendant at the table ” through the remainder of the trial to provide him technical assistance as required.

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