Brooks v. State

Trial court's failure to find specifically on the record that defendant freely and voluntarily waived his right to counsel was not harmful error since the record as a whole showed that the defendant's waiver was knowing.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Dennis Brooks was charged with misdemeanor simple battery for making “physical contact of an insulting and provoking nature” with his ex-girlfriend, who is also the mother of his children. A Decatur County jury found him guilty as charged. Without contesting the sufficiency of the evidence against him, he alleges that three errors of law require reversal on appeal. We have reviewed Brooks’ errors as alleged and find them meritless. Accordingly, we affirm.

By way of background, Brooks is an “experienced” criminal defendant who, at the time of trial, had two prior felony convictions and one prior simple battery conviction, the same offense for which he was convicted in the instant case. Consequently, Brooks is familiar with the criminal legal process, with legal representation, and with the consequences of conviction. He chose from the outset of this case to represent himself. Brooks was given a “Rights and Information Form” used for state court misdemeanor cases. This form outlined Brooks’ rights when charged with a misdemeanor criminal offense—a situation with which he was familiar—including his options with regard to the entry of a plea; the possible punishments and sentences; and his right to assistance of counsel, which included that “you also have the right to represent yourself in connection with the charge and waive your right to be represented by a lawyer. You should be aware, however, that representing yourself, particularly at a trial, has dangers and risks.” The form instructed Brooks that “you should read this form very carefully and ask questions about anything that you do not understand.”

Brooks v. State

Trial court's failure to find specifically on the record that defendant freely and voluntarily waived his right to counsel was not harmful error since the record as a whole showed that the defendant's waiver was knowing.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report