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State v. Granier9/30/2003
p. 3 (La. App. 5 Cir. 9/15/00), 770 So.2d 319, 321. In this context, "the competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, not the competence to represent himself." Godinez v. Moran, 509 U.S. 389, 399, 113 S.Ct. 2680, 2687, 125 L.Ed.2d 321 (1993).
The trial court's inquiry should involve more than an interchange of "yes" or "no" responses from the defendant. State v. Kirsch, 01-1017, p. 3 (La. App. 5 Cir. 3/26/02), 815 So.2d 215, 218. A waiver of counsel in order that an accused may enter into self-representation must be clear and unequivocal. Kirsch, 01-1017 at p. 2, 815 So.2d at 218.
The question is whether the record reflects that there was a valid waiver of counsel prior to trial in Record No. 641594. Minute entries included in State's Exhibit 2 at the hearing on the Motion to Quash indicate that defendant was advised of his right to counsel. It is unclear whether the court's advisal pertained only to defendant's right to counsel at arraignment, or at all critical stages in the proceedings. The State argues that the minute entries, along with defendant's prior experience and familiarity with the court system, are sufficient to show that he made a knowing and intelligent waiver of his right to counsel. The State's assertions lack merit.
There is nothing in the record from which this court can discern whether the trial court's advisal was sufficient. The trial transcript provided does not contain a colloquy pertaining to the right to counsel. Moreover, there is nothing to show that defendant understood this right, and that he knowingly and voluntarily waived it. Compare, State v. White, 98-0343 (La. App. 1 Cir. 12/28/98), 727 So.2d 574, in which the defendant challenged an uncounseled guilty plea used to support his conviction for DWI, fourth offense. The First Circuit found the record was insufficient to show the defendant knowingly and intelligently waived counsel at the time of his guilty plea to the predicate offense. The State had provided only a minute entry and a Waiver of Rights form, but no transcript to show that there was an inquiry regarding defendant's education, background, or competency.
Based on the foregoing, the trial court erred in failing to quash the predicate DWI conviction in Record No. 641594. We reverse, in part, the trial court's ruling on the Motion to Quash as it applies to the predicate conviction in Record No. 641594 and affirm in part as it applies to the predicate conviction in Record No. 617465. We vacate the defendant's sentence, and remand the case to the trial court for further proceedings. See, State v. Lowry, 01-111, p. 7 (La. App. 5 Cir. 6/27/01), 791 So.2d 765, 769.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED
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