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State v. Dvorak1/19/2000
im about the dangers and disadvantages of self-representation. Id. We recognized although the defendant had previous contacts with the criminal justice system, his statement he had no other alternative but self-representation did not establish his awareness of the dangers and disadvantages of self-representation. Id. We said there was no evidence the defendant's actions were intended primarily to delay the trial, and we concluded the record did not establish he knowingly and intelligently waived his right to counsel. Id.
[ ] In Harmon, 1997 ND 233, 23, 575 N.W.2d 635, the defendant had several previous contacts with the criminal justice system; the trial court had provided the defendant with copies of the court rules and the criminal code; the court explained the defendant would be given no special consideration and the rules would apply equally to him; the defendant was very involved with his case, was literate, and directed correspondence to the court; and the court appointed standby counsel and informed the defendant that standby counsel's assistance may be beneficial. We concluded the record established the defendant knowingly and intelligently waived his right to counsel. Id.
[ ] Dvorak argues there is nothing in this record to indicate the trial court advised him of the dangers and disadvantages of appearing pro se. Although a specific on-the-record colloquy would have aided our review, we conclude this record demonstrates Dvorak's waiver of the right to counsel was knowing and intelligent.
[ ] The criminal complaint alleged this was Dvorak's second violation of the protection order and therefore was a class C felony. The record actually reflects he was convicted in June 1992 and in March 1998 for violating protection orders. Dvorak appeared pro se on the previous 1998 charge. Additionally, this record demonstrates Dvorak had numerous prior contacts with the criminal justice system, including prior convictions for removal of a child from the jurisdiction, criminal trespass, operating a motor vehicle without a license, driving under suspension, and driving under the influence . The record reflects Dvorak was represented by counsel during a probation revocation proceeding in 1994. As a result of that revocation proceeding, the court revoked Dvorak's probation for two counts of driving under suspension, a criminal trespass conviction, and the June 1992 conviction for violating a protection order. The record also reflects Dvorak was represented by counsel when the May 1997 protection order was issued and when his 1993 divorce decree was entered. Dvorak was not a stranger to the criminal justice system. Rather, he was an experienced criminal defendant, and his prior contacts with the legal system were sufficient to make him aware of the benefits of counsel and the dangers and disadvantages of self-representation.
[ ] At Dvorak's initial appearance, he was informed of his rights under N.D.R.Crim.P. 5, including the right to court-appointed counsel and informed that the maximum penalty for a class C felony was five thousand dollars and five years in jail. Dvorak initially indicated he did not want court-appointed counsel and Tom Slorby was his attorney. Dvorak nevertheless subsequently applied for court-appointed counsel, and the court appointed Heth to represent Dvorak. Heth represented Dvorak at a preliminary hearing and arraignment in June 1998, and Dvorak, through Heth, moved for a continuance in August 1998. The court denied the motion for a continuance. At a pretrial conference on September 1, 1998, Dvorak appeared with Heth and attorney Secrest, and Dvorak advised the court he wanted to retain Secrest. The court allowed Secrest to substitute for Heth as counsel and
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