Criminal Law: Kidnapping-Waiver of Counsel

Defendant appealed his conviction for kidnapping, assault, armed criminal action and unlawful possession of a firearm, arguing that the trial court erred in accepting his waiver of counsel because it was not unequivocal, knowing, intelligent or voluntary and in denying defendant’s request for reappointment of counsel before trial. Defendant further argued that the written judgment did not conform to the oral pronouncement of sentence.

Where defendant unequivocally stated that he did not want anyone from the public defender’s office representing him, the trial court did not err in accepting defendant’s conduct as a waiver of counsel, but the written judgment did not reflect the nature of defendant’s conviction or the oral pronouncement of sentence.

Judgment is affirmed in part, reversed in part, and remanded.

State v. Walker (MLW No. 84955/Case No. WD87744 – 13 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Round, J. (Lindsey Wiederholt, Senior Public Defender, Kansas City for appellant) (Catherine L. Hanaway, Attorney General and Daniel N. McPherson, Assistant Attorney General, Jefferson City for respondent)