State v. Hollins, No. 56079

CourtCourt of Appeals of Kansas
Writing for the CourtBefore ABBOTT, P.J., MEYER, J., and RICHARD W. WAHL; WAHL
Citation9 Kan.App.2d 487,681 P.2d 687
PartiesSTATE of Kansas, Appellee, v. Carl S. HOLLINS, Appellant.
Docket NumberNo. 56079
Decision Date24 May 1984

Page 687

681 P.2d 687
9 Kan.App.2d 487
STATE of Kansas, Appellee,
v.
Carl S. HOLLINS, Appellant.
No. 56079.
Court of Appeals of Kansas.
May 24, 1984.

Page 688

Syllabus by the Court

1. A defendant who clearly and unequivocally expresses a desire to proceed pro se has the right to represent himself after a knowing and intelligent waiver of his right to counsel.

2. A knowing and intelligent waiver requires that the defendant be informed of the dangers and disadvantages of self-representation so that the record will establish that he knows what he is doing and his choice is made with eyes open.

3. The trial court must indulge every reasonable presumption against waiver of the right to counsel.

4. A defendant can assert the right to self-representation only by waiving the right to counsel, and the right to self-representation can be waived by mere failure to assert it.

5. A defendant's request to be relieved of counsel in the form of a general statement of dissatisfaction with his attorney's work does not amount to a knowing and intelligent waiver of his right to counsel, or an invocation of the right to represent himself.

6. Various alleged trial errors are considered and it is held, the trial court did not err.

Richard Sanborn, Wichita, for appellant.

James D. Hall, Asst. Dist. Atty. and Robert T. Stephan, Atty. Gen., for appellee.

Before ABBOTT, P.J., MEYER, J., and RICHARD W. WAHL, District Judge assigned.

WAHL, Judge (Assigned):

The defendant, Carl S. Hollins, appeals a conviction of felony theft. On September 20, 1980, the defendant rented a white Oldsmobile Delta 88 from U-Drive-It Systems in Wichita. The car's vehicle identification number was 3N69R8X115813. The value of the car was well over $100.00. The defendant agreed to return the vehicle in four days, but he did not return the car at all and criminal charges were filed on November 14, 1980.

The defendant was not found until February 5, 1983, when a [9 Kan.App.2d 488] Selma, Alabama, police officer stopped him for erratic driving. The defendant was arrested for driving while intoxicated, and his vehicle, a white Oldsmobile Delta 88, identification number 3N69R8X115813, was impounded by the police.

Before trial, the defendant provided a handwriting sample, and at the trial a handwriting expert testified that the defendant had also signed the rental agreement in September, 1980. The jury found the defendant guilty and the defendant appeals, claiming three areas wherein the trial court erred.

The defendant contends that when the trial court refused to discharge his counsel, the defendant was denied his right to self-

Page 689

representation. The contention is without merit.

At the beginning of the preliminary hearing the defendant expressed dissatisfaction with his attorney as follows: "Mr. Underwood (sic) has been quite busy here as of late, and I feel that he's been a little bit too busy.... I feel that this Court would be more than fair with me and Mr. Underwood can go on about his other business. He's quite busy and he's too busy for me, to talk to me really, so I feel that the Court would be more than fair with me.... I haven't had any chance to talk to Mr. Underwood. I talked to Mr. Underwood maybe one time for a very short time and it's been quite some time ago, sir, and I'm sorry, I just haven't been able to say anything to him, and, well, he is quite busy...." The Court refused to discharge defendant's counsel and inquired if the defendant wished to talk to his attorney before proceeding with the hearing. The defendant replied, "I need to talk to someone." The Court then granted a recess to permit the defendant and his attorney to...

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18 practice notes
  • State v. Schreiner, No. 104,149.
    • United States
    • Court of Appeals of Kansas
    • November 4, 2011
    ...and enter a judgment of acquittal. See Tibbs v. Florida, 457 U.S. 31, 40–41, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982) ; State v. Hollins, 9 Kan.App.2d 487, 489–90, 681 P.2d 687 (1984).As provided in K.S.A. 21–3502, rape includes "sexual intercourse with a person who does not consent" because t......
  • State v. Vann, No. 91,214.
    • United States
    • United States State Supreme Court of Kansas
    • February 3, 2006
    ...for the first time. "Similarly, Vann's posttrial assertion of his motion to proceed pro se was untimely. As noted in State v. Hollins, 9 Kan.App.2d 487, 489, 681 P.2d 687 (1984): `A defendant can assert the right to self-representation only by waiving the right to counsel, and, unlike the r......
  • State v. Baumgarner, No. 121,092
    • United States
    • Court of Appeals of Kansas
    • January 22, 2021
    ...enter a judgment of acquittal. See Tibbs v. Florida , 457 U.S. 31, 40-41, 102 S. Ct. 2211, 72 L. Ed. 2d 652 (1982) ; State v. Hollins , 9 Kan. App. 2d 487, 489-90, 681 P.2d 687 (1984) ; State v. Watt , No. 121,266, 2020 WL 7413776, at *4 (Kan. App. 2020) (unpublished opinion).Because the St......
  • State v. Reed, 120
    • United States
    • Court of Appeals of Kansas
    • April 2, 2021
    ...a judgment of acquittal for Reed. See Tibbs v. Florida, 457 U.S. 31, 40-41, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); State v. Hollins, 9 Kan.App.2d 487, 489-90, 681 P.2d 687 (1984). Because both the district court and we lack jurisdiction over the firearms charge that's not a crime, we suppos......
  • Request a trial to view additional results
18 cases
  • State v. Schreiner, No. 104,149.
    • United States
    • Court of Appeals of Kansas
    • November 4, 2011
    ...and enter a judgment of acquittal. See Tibbs v. Florida, 457 U.S. 31, 40–41, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982) ; State v. Hollins, 9 Kan.App.2d 487, 489–90, 681 P.2d 687 (1984).As provided in K.S.A. 21–3502, rape includes "sexual intercourse with a person who does not consent" because t......
  • State v. Vann, No. 91,214.
    • United States
    • United States State Supreme Court of Kansas
    • February 3, 2006
    ...for the first time. "Similarly, Vann's posttrial assertion of his motion to proceed pro se was untimely. As noted in State v. Hollins, 9 Kan.App.2d 487, 489, 681 P.2d 687 (1984): `A defendant can assert the right to self-representation only by waiving the right to counsel, and, unlike the r......
  • State v. Baumgarner, No. 121,092
    • United States
    • Court of Appeals of Kansas
    • January 22, 2021
    ...enter a judgment of acquittal. See Tibbs v. Florida , 457 U.S. 31, 40-41, 102 S. Ct. 2211, 72 L. Ed. 2d 652 (1982) ; State v. Hollins , 9 Kan. App. 2d 487, 489-90, 681 P.2d 687 (1984) ; State v. Watt , No. 121,266, 2020 WL 7413776, at *4 (Kan. App. 2020) (unpublished opinion).Because the St......
  • State v. Reed, 120
    • United States
    • Court of Appeals of Kansas
    • April 2, 2021
    ...a judgment of acquittal for Reed. See Tibbs v. Florida, 457 U.S. 31, 40-41, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); State v. Hollins, 9 Kan.App.2d 487, 489-90, 681 P.2d 687 (1984). Because both the district court and we lack jurisdiction over the firearms charge that's not a crime, we suppos......
  • Request a trial to view additional results

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