Preview:

STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SHERMAN LANCE WASHINGTON, Defendant-Appellant.

UNPUBLISHED May 10, 2011

No. 296624 Ingham Circuit Court LC No. 09-000916-FH

Before: DONOFRIO, P.J., and BORRELLO and BECKERING, JJ. PER CURIAM. Defendant appeals as of right from his jury convictions of two counts of larceny from a motor vehicle, MCL 750.356a(1). For the reasons set forth in this opinion, we affirm the convictions and sentences of defendant. On November 9, 2009, the morning of defendant's trial and just before the parties began selecting a jury, defendant's counsel made a request to the trial court to withdraw. The request was premised, in part, on defendant's request that he be allowed to represent himself in the proceedings that were about to commence. After questioning defendant at some length about his decision to forgo counsel and represent himself, the trial court granted defendant's request to act as his own counsel. Defendant now argues that the trial court abused its discretion by permitting him to represent himself. Specifically, defendant argues that the court failed to substantially comply with the first two requirements set out in People v Anderson, 398 Mich 361, 367-368; 247 NW2d 857 (1976). We review the determination whether a defendant's waiver of counsel was knowing and intelligent for clear error; the determination of the meaning of knowing and intelligent waiver is a question of law that we review de novo. People v Williams, 470 Mich 634, 640; 683 NW2d 597 (2004). We review a trial court's decision to permit a defendant to represent himself for an abuse of discretion. People v Hicks, 259 Mich App 518, 521; 675 NW2d 599 (2003). The United States Constitution guarantees a defendant's right to counsel. US Const, Am VI; Williams, 470 Mich at 641. But a defendant may request to waive the right to counsel and exercise the right of self-representation. Const 1963, art 1,

Download PEOPLE OF MI V SHERMAN LANCE WASHINGTON.pdf

Michigan Law