Ross v. State

Jamedrix Deondrique Ross was found guilty by a jury of misdemeanor obstruction of an officer and interference with government property. Ross represented himself at trial and his sole enumeration of error on appeal is that his right to assistance of counsel was violated because he did not make a valid waiver of counsel prior to trial. Because the record does not show that Ross voluntarily and intelligently waived his right to counsel, the trial court erred by allowing him to proceed at trial without counsel.

Although a criminal defendant has a Sixth Amendment right to assistance of counsel at trial, the defendant also has a right to waive the right to counsel and represent himself when he voluntarily and intelligently elects to do so. Clarke v. Zant, 247 Ga. 194 275 SE2d 49 1981. Whether there has been a valid waiver of counsel depends on the particular circumstances of each case including the background, experience and conduct of the defendant. Id. at 196. The record must show that the defendant was aware of the dangers of proceeding without counsel but nevertheless chose to represent himself. Id. at 196-197; Brooks v. State, 243 Ga. App. 246, 248-250 532 SE2d 763 2000.