Defendant was charged, via a multi-count indictment, with two counts of robbery by sudden snatching and three counts of financial transaction card fraud. An attorney was appointed to represent defendant and, after a jury trial, defendant was found guilty on all counts of the indictment. Defendant’s court appointed attorney then
Defendant’s court appointed trial attorney appeared at the motion for new trial hearing, but asserted no argument in support of defendant’s motion for new trial. More specifically, the trial court asked defendant’s trial attorney, “Any argument?” Defendant’s trial attorney replied, “No, your honor, we would submit it. I think the court is familiar with this case.” Defendant’s motion for new trial was denied. This pro se appeal followed. Held:
“ ‘An indigent defendant is entitled to have counsel appointed to represent him on the first level of appellate review. Douglas v. California,
In the case sub judice, defendant filed this appeal pro se. However, there is no indication that defendant’s court appointed trial counsel was allowed to withdraw after the denial of defendant’s motion for new trial. Further, the record does not reveal that defendant was made aware of the risk inherent in representing himself or of the value of counsel after conviction, or that defendant knowingly and intelligently waived his right to appointed appellate counsel if defendant were found to be indigent. Consequently, the case sub judice must be “ ‘remanded to the trial court for instructions to (defendant) consistent with (the) holding in Clarke v. Zant(,
Appeal dismissed and case remanded.
