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State v. Tovar6/19/2002
inquiry is not required for waiver of counsel at every stage of the criminal process. Id. at 464. The court noted the significant differences between a defendant considering proceeding pro se at trial and a defendant making a decision to waive counsel in the earlier stages of the criminal process. Id.
The court held the appropriate test for waiver prior to a guilty plea proceeding is whether the accused was made sufficiently aware of his right to have counsel present; and whether the accused was made sufficiently aware of the possible consequences of a decision to forego the aid of counsel. Id. at 465 (citing Patterson v. Illinois, 487 U.S. 285, 292-93, 108 S.Ct. 2389, 2395, 101 L.Ed.2d 261, 272 (1988)). The court concluded all the requirements were met for a valid waiver of counsel prior to the entry of Cashman's guilty pleas because he was advised of his right to counsel, had indicated his understanding of that right, and was advised of the maximum possible penalties for his offense. Cashman, 491 N.W.2d at 466. We find this reasoning persuasive and adopt it as our own.
Applying the test in Cashman, we conclude Tovar validly waived his right to counsel prior to entry of the 1996 uncounseled guilty plea. Tovar was advised of his right to counsel and made sufficiently aware of what counsel could do for him at trial. See Moe, 379 N.W.2d at 350 (holding defendant's waiver of counsel knowing and voluntary when he testified at a later proceeding that he understood before he pleaded guilty that an attorney would be provided for him and was advised of his right to jury trial). See also State v. Hindman, 441 N.W.2d 770, 772 (Iowa 1989) (Where the offense is readily understood by laypersons and the penalty is not unduly severe, the duty of inquiry which is imposed upon the court is only that which is required to assure an awareness of right to counsel and a willingness to proceed without counsel in the face of such awareness). Furthermore, Tovar was informed of the ultimate adverse consequences he could suffer as he was advised of the maximum possible penalties for the offense.
*4 Because there was a valid waiver of counsel in obtaining Tovar's 1996 conviction, his present conviction was appropriately enhanced. See Moe, 379 N.W.2d at 349 (holding uncounseled prior convictions may be used for enhancement purposes in subsequent proceedings when the defendant has validly waived the right to counsel in the earlier proceedings). Accordingly, we conclude the district court did not err in ruling on Tovar's motion to adjudicate law points.
AFFIRMED.
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