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State v. Watson

Trial court properly suppressed defendant's testimony at his pro se preliminary hearing, because the state failed to show that defendant knowingly and intelligently waived his right to counsel before he testified.

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Elisa James Watson was charged with armed robbery, criminal attempt to commit armed robbery, kidnapping, and aggravated assault with attempt to rob. Watson represented himself pro se at the preliminary hearing in his case. He later hired counsel and moved to exclude the testimony he had given at the preliminary hearing. Watson argued that his testimony was not admissible because he had not been adequately informed of his rights and had not waived his right to counsel. The trial court granted Watson’s motion in limine, and the State appeals. We affirm.

“Any statement which a defendant makes during the course of his self-representation stems from his decision to represent himself.” Gray v. State, 204 Ga. App. 33, 35 5 418 SE2d 412 1992. See also Callahan v. State, 175 Ga. App. 303, 304-305 333 SE2d 179 1985. Thus, to determine whether Watson’s testimony at the preliminary hearing was voluntary, we must determine whether he voluntarily chose to represent himself at that hearing. Id.

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