State v. Crafts
| Decision Date | 09 February 1981 |
| Citation | 425 A.2d 194 |
| Parties | STATE of Maine v. Charles CRAFTS. |
| Court | Maine Supreme Court |
David Crook, Dist. Atty., Paul D. Mathews, Deputy Dist. Atty., Susan B. Cole (orally), Asst. Dist. Atty., Augusta, for plaintiff.
Levey & Wessler, P. A., Stephen L. Wessler (orally), Winthrop, for defendant.
Before McKUSICK, C. J., WERNICK, GODFREY and GLASSMAN, JJ., and DuFRESNE, A. R. J.
In the Superior Court, Kennebec County, Charles Crafts was convicted by jury of burglary, 17-A M.R.S.A. § 401, a class B crime, and of criminal attempt to commit theft, 17-A M.R.S.A. § 152, a class E crime. On appeal from the ensuing judgments, Crafts alleges reversible error in the Superior Court's denial of his trial counsel's motion to withdraw, which in effect deprived him, so he claims, of the exercise of his statutory and constitutional right of self-representation. We disagree. There was no error below and we affirm the judgments.
The appellant was indicted for the reference offenses on September 6, 1978. The trial discloses that on Friday evening, August 18, 1978, in response to a radio message, officers of the Monmouth Police Department, as well as other law enforcement personnel, converged upon the Norris dwelling place on Route 135 in East Monmouth to investigate what was going on at the house. On arrival, they saw a yellow van, with side doors open, containing woodstoves, trunks, pictures and other things, plus other trunks, books and antique furniture on the lawn. No one was to be found, however, in the area or in the house, the doors of which were wide open.
Although a warrant for Crafts' arrest issued on September 6, 1978, the appellant was not arrested until December 19, 1979, when he was returned to Maine from the Commonwealth of Massachusetts. Crafts' counsel sought without success postponement of trial beyond January 30, 1980; indeed, the Court denied his motion on January 22, 1980. On the morning of trial, before the impaneling of a jury, the appellant's retained counsel informed the Court that his client wished him to withdraw from the case. In direct colloquy with the Court, Crafts explained that his counsel had communicated to him the prosecution's offer of an eighteen months sentence in return for his plea of guilty to the charges, but that he had no desire to plead guilty. He said he did not feel confident in going to court with an attorney who already felt that he was guilty. Following the Justice's explanation that an attorney is duty bound to communicate to his client the prosecution's tendered offers, if any, looking towards a negotiated plea, Crafts indicated that he did not feel that there had been adequate preparation for trial, although he did not mean by such remark to show disrespect for his attorney, who, so far as he knew, was a good man and probably a fine lawyer.
Upon the Court's suggestion that the appellant and his attorney resolve between themselves how the trial which was about to take place would be conducted and, if there were to be a request for withdrawal, that a formal motion should be filed, Crafts' counsel after consultation with his client did file a motion for leave to withdraw on the ground that his client did not feel that he had any confidence in him. In his denial of the motion, the presiding Justice noted that a motion for continuance had been denied just one week earlier, that no other attorney was entering an appearance on behalf of the appellant, and that the State would be prejudiced by any further delay, since one of the State's stand-by witnesses came from North Carolina.
Thereafter, upon trial counsel's stated readiness to proceed to trial and without further objection by Crafts, the case was tried to the jury. The State presented eight witnesses, all of whom were subjected to cross-examination by Crafts' trial attorney. The appellant did not testify, nor did he present any evidence. His attorney, on motion for acquittal, succeeded in having the charge of attempted class D theft reduced to one of attempted class E theft. He argued the case to the jury.
It is clear that a criminal defendant has a constitutional right,...
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