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Oliver v. State

Trial court properly required defendant to proceed to trial with his appointed counsel or represent himself, since defendant contested his appointed counsel's preparation, not her competence.

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Harold James Oliver, convicted of misdemeanor shoplifting and sentenced as a recidivist, appeals from the trial court’s denial of his motion for new trial, contending that the Public Defender appointed for him prior to trial was ineffective and that he did not validly waive his right to appointed trial counsel.

Viewed in a light most favorable to the verdict, the evidence was that, on September 10, 1997 around 11:00 a.m., Officer Singleton was approached by taxicab driver Babajide who said he had driven Oliver to two different hardware stores and believed that Oliver was shoplifting.1 After Oliver had entered the Handy Ace Hardware the second time, Babajide looked inside Oliver’s backpack and noticed a number of hammers and other tools. Babajide put the backpack on the curb and went to look for an officer.

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