Raber v. State
| Decision Date | 21 December 1993 |
| Docket Number | No. 41A01-9211-CR-364,41A01-9211-CR-364 |
| Citation | 626 N.E.2d 506 |
| Parties | Randy L. RABER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Charles D. Hankey, Indianapolis, for appellant-defendant.
Pamela Carter, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.
In our previous opinion Raber v. State (filed October 20, 1993), Ind.App., 622 N.E.2d 541, we retained jurisdiction in this cause and directed the trial court to supplement the record in order to determine whether the court abused its discretion in continuing Randy L. Raber's scheduled trial date due to a congested court calendar. We conclude that the record, as supplemented, supports the trial court's entry that the calendar was congested. Raber's right to a speedy trial, pursuant to Indiana Criminal Rule 4(C) was not violated. However, Raber also asserts that he did not knowingly, intelligently, and voluntarily waive his right to counsel and, thus, we now must address that issue.
We affirm.
The issues presented for review are as follows:
1. Whether the trial court abused its discretion in continuing Raber's scheduled trial date due to a congested calendar.
2. Whether Raber knowingly, intelligently, and voluntarily waived his right to counsel.
Raber was charged by information with operating a vehicle while intoxicated and operating a vehicle with a blood-alcohol content of .10% or greater. Raber was also charged with driving left of center. Following several delays, Raber was tried on March 9 and 10, 1992, and was convicted on all charges. Following these convictions, in the second phase of his trial, Raber pled guilty to operating a vehicle while intoxicated as a Class D felony because of his prior conviction for the same offense within the previous five years. Raber appeals. We will state additional facts where necessary.
We retained jurisdiction in our previous opinion and remanded this cause to the trial court "with instructions to make written findings which articulate the factual basis for the court's order of July 1, 1991, continuing the scheduled trial date due to a 'congested calendar.' " Raber, 622 N.E.2d at 547. Further, we directed the clerk of the trial court to certify those findings and supplement the record on appeal. The trial court has supplemented the record in accordance with our instructions, and we have reviewed its findings.
A trial court may, on its own motion, continue a trial date due to a congested court calendar. Id. at 545-46. The reasonableness of the delay must be judged in the context of the circumstances, and the trial court's decision will not be disturbed absent an abuse of discretion. Id. The previous record was inadequate for us to determine whether the trial court had abused its discretion in continuing Raber's trial date because the order was "conclusory and devoid of any supporting information." Id. at 547. Raber asserts that, "[T]he problem was not congestion, but an error in calendaring or docketing the matter for trial." However, the record, as supplemented, supports the trial court's order that the calendar was congested on July 1, 1991, because the court was engaged in another jury trial which was not expected to conclude in time for Raber's trial to begin on that date.
Thus, we again stress the importance of orders and entries sufficiently specific to assure meaningful appellate review when a criminal trial is continued under Criminal Rule 4(C) due to a congested calendar, but we conclude here on the record as supplemented that the trial court did not abuse its discretion in ordering a continuance. Raber's right to a speedy trial, pursuant to Indiana Criminal Rule 4(C), was not violated, and he is not entitled to reversal on this issue.
Raber also contends that the trial court abused its discretion in allowing his trial to proceed without counsel to represent or assist him. In other words, Raber asserts that he did not knowingly, intelligently, and voluntarily waive his right to counsel initially and that he was improperly denied standby counsel as well. We disagree.
The Sixth Amendment to the United States Constitution and Article One of the Indiana Constitution guarantee a criminal defendant the right to appointed counsel. The right to counsel may be waived if done so knowingly, intelligently, and voluntarily. Faretta v. California (1975), 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562; Kirkham v. State (1987), Ind.App., 509 N.E.2d 890, 892, trans. denied. If a defendant chooses to waive his right to counsel, the trial court must determine in a pre-trial hearing that the waiver was knowing, intelligent, and voluntary. Sedberry v. State (1993), Ind.App., 610 N.E.2d 284, 286, trans. denied. "The trial court must establish a record showing that the defendant was aware of the nature, extent, and importance of the right and the consequences of waiving it." Id.
There are no rigid requirements setting forth specific inquiries the trial court must make before it can be determined that a defendant voluntarily waived his right to counsel. Leonard v. State (1991), Ind., 579 N.E.2d 1294, 1295. Rather, we look to the facts in the record to determine whether the trial court apprised the defendant of the advantages of representation by counsel and pitfalls which the defendant might experience if he proceeds pro se. Id. ().
The trial court found that Raber knowingly, voluntarily and intelligently waived his right to counsel and that Raber did not wish to have standby counsel appointed. On July 1, 1991, Raber's attorney, Patrick Bennett, filed a motion to withdraw his representation of Raber because: (1) the attorney-client relationship had deteriorated to the point that counsel could no longer effectively represent the interests of Raber, and (2) Raber had indicated his desire to employ other counsel. The trial court granted the motion that same day and reset the trial date. Upon learning that Raber did not subsequently hire other counsel, the trial court held a pauper counsel hearing on October 28, 1991. In response to questioning by the trial court, Raber repeatedly indicated that he did not want an attorney to represent him but wished to represent himself. The trial court advised Raber that it would be difficult to represent himself, select a jury, and follow the rules of evidence and procedure, that a three year sentence could be imposed if Raber were convicted, and that he should "think very seriously about hiring an attorney." Record at 203. Raber then stated, "[I]f I can't have Pat Bennett to represent me, then I'll take it on my own." Id. at 204. The trial court also questioned Raber concerning his educational background and prior trial experience.
Despite Raber's avowed disinterest in representation by counsel, the trial court further advised Raber that he should obtain an attorney. However, Raber continued to resist the trial court's advice:
Record at 207-08. The trial court continued to impress upon Raber that he should reconsider his decision to represent himself stating, "I think you better look long and hard again about ... whether the choice that you made in regard to counsel was the right choice or the best, and at least give yourself another chance with another attorney." Record at 213. Raber again declined. Raber was then offered standby counsel but stated that he wanted to "take it on my own." Record at 214-15. When questioned again about whether ...
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