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Taylor v. State3/20/2001
DATE OF TRIAL COURT JUDGMENT: 10/21/1998
TRIAL JUDGE: HON. LEE J. HOWARD
COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: COUNT 1 - POSSESSION OF MARIJUANA MORE THAN ONE OUNCE WITH INTENT TO DISTRIBUTE - HABITUAL OFFENDER SENTENCED TO SERVE A TERM OF 40 YEARS; COUNT 2 - POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE - HABITUAL OFFENDER SENTENCED TO SERVE A TERM OF 60 YEARS TO RUN CONCURRENTLY WITH COUNT 1.
DISPOSITION: AFFIRMED - 03/20/2001
. Charlie Taylor was convicted after a jury trial of two drug related offenses. On appeal he argues that the trial court should not have allowed him to represent himself, and that the court should have conducted a competency hearing. Finding no merit to these assignments of error, we affirm.
FACTS
. On August 3, 1997, Charlie Taylor, a female friend, and Taylor's two children were traveling through Starkville when a motorist noticed his erratic driving and called law enforcement authorities. An Oktibbeha County sheriff's deputy responded, witnessed Taylor's crossing over the center line in the road, and stopped him for suspicion of driving under the influence . The officer learned that Taylor's license had been suspended in Florida. Taylor was arrested and his passenger, Penelope Grant, drove the car to the sheriff's department.
. Grant owned the automobile and she gave permission for a search. Inside the car was a small plastic bag which appeared to contain cocaine and several plastic bags of what appeared to be marijuana. There was also a bag of what appeared to be cocaine found in the trunk of the car. Taylor, after being advised of his rights, gave a confession that was reduced to writing. Taylor admitted that he had left Key Largo, Florida the previous night en route to Mound Bayou. He admitted that the drugs were his and that he had intended to sell them once he reached Shelby.
. Two months after Taylor's arrest Mark Williamson was appointed to represent him. A month later Taylor hired another attorney, Walter Turner, and Williamson was allowed to withdraw. The import of Taylor's having a procession of attorneys, which only starts with this change, is the central issue discussed on appeal.
. On February 2, 1998, Taylor pled not guilty to all charges. Approximately one month later Tuner filed a motion to withdraw stating that Taylor had requested that he do so. A hearing on the motion was held. The court asked Taylor why he wanted to fire Turner. The reply was that they had not "seen eye to eye" on many issues, and that Turner would not do as he asked. The defendant also informed the court that he intended to retain a local law firm to represent him.
. On April 27, 1998, Mr. Taylor appeared with his new attorney, William Bambach, and Turner was allowed to withdraw. That same day, the defense filed a motion for continuance. In paragraph seven of that motion Bambach alleged that the defendant was "delusional and could not rationally assist his attorney in his defense at this time." On April 28, 1998 the court granted the motion and continued the case to the following term of court. Regarding paragraph seven, however, the court stated that "Mr. Taylor appeared to be rational and testified logically from the witness stand and I do not find him delusional . . . ."
. Approximately three months later Bambach filed a motion to withdraw on the ground that Taylor had filed a bar complaint against him and had in essence fired him. The court ordered Bambach to remain available in case Taylor changed his mind and needed represent
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