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Prince v. State

Supreme Court of South Carolina
May 29, 1990
301 S.C. 422 (S.C. 1990)

Summary

finding no valid waiver because the record "[did] not demonstrate petitioner was sufficiently aware of the dangers of self-representation"

Summary of this case from Osbey v. State

Opinion

23220

Submitted May 23, 1990.

Decided May 29, 1990.

Asst. Appellate Defender Wanda Hagler Haile, of S.C. Office of Appellate Defense, Columbia, for petitioner. Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka and Staff Atty. Delbert H. Singleton, Jr., Columbia, for respondent.


Submitted May 23, 1990.

Decided May 29, 1990.


This case is before us on a writ of certiorari to review the denial of post-conviction relief (PCR). We reverse and remand.

Petitioner pleaded guilty to escape and breach of trust and was sentenced to consecutive terms of one year and three years. No direct appeal was taken. Petitioner subsequently filed a PCR application alleging his guilty plea was invalid. This application was denied after a hearing.

Petitioner contends the PCR judge erred in finding his guilty plea valid because there was no valid waiver of counsel under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). To establish a valid waiver of counsel, Faretta requires the accused be: (1) advised of his right to counsel; and (2) adequately warned of the dangers of self-representation. In the absence of a specific inquiry by the trial judge addressing the disadvantages of a pro se defense as required by the second Faretta prong, this Court will look to the record to determine whether petitioner had sufficient background or was apprised of his rights by some other source. Wroten v. State, 391 S.E.2d 575 (S.C. 1990).

The record indicates petitioner was twenty-two years old at the time of his plea. He was a high-school graduate and had some college education. He had previously pleaded guilty to armed robbery. The record also indicates petitioner was mentally disturbed at the time of his plea. Once incarcerated, he began receiving psychiatric treatment and was still undergoing treatment at the time of the PCR hearing three years later. In response to questioning at the PCR hearing, petitioner exhibited little understanding of criminal proceedings. He testified he relied upon the solicitor's advice at the plea hearing.

We find the record does not demonstrate petitioner was sufficiently aware of the dangers of self-representation to make an informed decision to proceed pro se. We hold the PCR judge erred in finding a valid waiver of counsel. Accordingly, the order of the PCR judge is reversed and the case is remanded for a new trial.

Reversed and remanded.

HARWELL, CHANDLER, FINNEY and TOAL, JJ., concur.


Summaries of

Prince v. State

Supreme Court of South Carolina
May 29, 1990
301 S.C. 422 (S.C. 1990)

finding no valid waiver because the record "[did] not demonstrate petitioner was sufficiently aware of the dangers of self-representation"

Summary of this case from Osbey v. State

determining Prince was not aware of the dangers and disadvantages of proceeding pro se when, among other things, Prince exhibited little understanding of criminal proceedings and testified he relied upon the solicitor's advice at the plea proceeding

Summary of this case from Stevenson v. State

In Prince, the supreme court similarly reversed the PCR court's denial of relief, finding "the record d[id] not demonstrate petitioner was sufficiently aware of the dangers of self-representation to make an informed decision to proceed pro se. "

Summary of this case from Hines v. State

stating that Faretta requires the trial court to conduct a specific inquiry to warn the defendant of the dangers and disadvantages of self-representation

Summary of this case from State v. Geraldo Dametrius Land

discussing Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562, and noting that Faretta allows a defendant to waive his right to counsel if the following conditions are satisfied: the accused is advised of his right to counsel and adequately warned of the dangers of self-representation

Summary of this case from State v. Roberson
Case details for

Prince v. State

Case Details

Full title:Alexander PRINCE, Petitioner v. STATE of South Carolina, Respondent

Court:Supreme Court of South Carolina

Date published: May 29, 1990

Citations

301 S.C. 422 (S.C. 1990)
392 S.E.2d 462

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