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[T] State v. Jones7/6/2004
eed on.
DEFENDANT: I have to represent myself.
THE COURT: Okay. But I've read these. All right. Your request to represent yourself is denied. These motions are denied inthat they are not relevant. Your attorney has declined to proceed on them.
I believe that these motions, along with your wanting to dismiss your attorney at this point, are simply designed to delay the trial of your matter.
Obvious to me from looking at the file and talking to you, that you are not -- I don't mean any disrespect -- that you're not legally capable of presenting an effective defense for yourself. I am familiar with Mr. Jones and I know that he is more than competent to handle these matters. I've known him for several years and seen him try cases and I'm going to leave him as your attorney.
I would suggest that if you're angry about that, that you not take that out on Mr. Jones and that you not let that deteriorate your relationship with Mr. Jones, that you continue to have a free and open relationship and assist him in representing you because that's what he's trying to do. He's trying to do what's in your best interest whether you understand that or believe that or not. Okay.
DEFENDANT: I just wanted to see the video, sir.
THE COURT: Well, if there's going to be a video shown to the jury, believe me, you will see it beforehand.
A defendant must make an "unequivocal" assertion that he wishes to represent himself. Id. In the case sub judice,defendant never unequivocally asserted his intent to represent himself. Defendant's statements were not affirmative responses to the trial court's inquiry. The trial court advised defendant of his options and defendant failed to unequivocally request to represent himself. Therefore, defendant's final argument is overruled.
No error.
Judges BRYANT and ELMORE concur.
Report per Rule 30(e).
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