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Hightower v. State12/6/2001
so show that this choice was made after the defendant was made aware of his right to counsel and the dangers of proceeding without counsel."
Here, on the basis of the record before us, we cannot say Hightower was warned of the dangers of proceeding pro se and nevertheless made a knowing choice to represent himself. Hightower's statement that he cannot qualify for appointed counsel because he "make too much money," coupled with the trial court's reference that such conversational road has been traveled before, does not even begin to meet the State's burden to show that Hightower decided to proceed pro se after being warned of the risks attendant upon such choice. For the sake of credibility, if nothing else, the State would have been well advised to concede this point rather than attempt a one-page, completely unsubstantiated argument that Hightower "had been fully advised of his rights previously." "When the record is silent, waiver is never presumed, and the burden is on the State to present evidence of a valid waiver." Such burden was not met in this case.
Judgment reversed.
Andrews, P. J., and Miller, J., concur.
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