P. v. Govan
While on probation in another case, defendant and appellant Walter Govan (defendant) was arrested and charged in a new case with possession for sale of a controlled substance, resulting in a preliminary revocation of his probation in the other case. Prior to trial, defendant, who was represented by appointed counsel in both cases, moved the trial court for permission to proceed in pro. per., and the trial court granted that motion. On the day of trial in the new case, the trial court held a formal hearing on the probation violation in the other case, found that defendant had violated the terms of his probation in that case, sentenced him to four years, and dismissed the new case.
On appeal, defendant argues that, in ruling on the probation violation, the trial court violated his Sixth Amendment right to counsel. According to defendant, the Farretta waiver form he signed applied only to the new case, not the probation revocation proceedings in the earlier case. Therefore, defendant argues that he did not knowingly and intelligently waive his right to counsel as to the probation revocation proceedings.
Court hold that the record shows that defendant intended to and did waive his right to counsel in both cases. Accordingly, court affirm the judgment of conviction
Comments on P. v. Govan