Wroten v. State, No. 23202

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtGREGORY
Citation391 S.E.2d 575,301 S.C. 293
PartiesErnest WROTEN, Petitioner, v. STATE of South Carolina, Respondent.
Docket NumberNo. 23202
Decision Date30 April 1990

Page 575

391 S.E.2d 575
301 S.C. 293
Ernest WROTEN, Petitioner,
v.
STATE of South Carolina, Respondent.
No. 23202.
Supreme Court of South Carolina.
Submitted March 20, 1990.
Decided April 30, 1990.

Page 576

Robert M. Dudek and Daniel T. Stacey, both of S.C. Office of Appellate Defense, Columbia, for petitioner.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, and Staff Atty. Delbert H. Singleton, Jr., Columbia, for respondent.

GREGORY, Chief Justice:

This case is before us on a writ of certiorari to review the [301 S.C. 294] denial of post-conviction relief (PCR). We reverse and remand.

Petitioner pleaded guilty to distributing crack cocaine and was sentenced to fifteen years imprisonment. No direct appeal was taken. Petitioner filed a PCR application alleging his guilty plea was invalid because he had not knowingly and intelligently waived his right to counsel. After a hearing, petitioner's application was denied.

On appeal, petitioner contends the PCR judge erred in finding a valid waiver of counsel because the trial judge did not warn petitioner of the dangers of self-representation as mandated by Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). See also State v. Bateman, 296 S.C. 367, 373 S.E.2d 470 (1988).

Faretta requires that a defendant "be made aware of the dangers and disadvantages of self-representation so that the record will establish he knows what he is doing and his choice is made with eyes open." 422 U.S. at 835, 95 S.Ct. at 2541, 45 L.Ed.2d at 582. While a specific inquiry by the trial judge expressly addressing the disadvantages of a pro se defense is preferred, the ultimate test is not the trial judge's advice but rather the defendant's understanding. Fitzpatrick v. Wainwright, 800 F.2d 1057 (11th Cir.1986). If the record demonstrates the defendant's decision to represent himself was made with an understanding of the risks of self-representation, the requirements of a voluntary waiver will be satisfied. Id. at 1065; see also United States v. Gallop, 838 F.2d 105 (4th Cir.1988).

This analysis accords with our review in PCR matters to determine the adequacy of a guilty plea. The extent of inquiries made by the trial judge at the time of the plea is not conclusive. Harres v. Leeke, 282 S.C. 131, 318 S.E.2d 360 (1984). To determine whether a guilty plea was taken in accordance with constitutional standards, the Court will consider the entire record including facts...

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33 practice notes
  • Hilton v. Stephon, Case No. 2:18-cv-00962-DCC-MGB
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 13 de novembro de 2018
    ...However, notably absent from the inquiry was any warning as required by Faretta v. California 422 U.S. 806, 95 S.Ct. 2525, Wroten v. State 301 S.C. 293[,] 391 S.E.2d 575, Sally v. State 410 S.E.2d 921[.]Faretta requires that a defendant "be made aware of the dangers and disadvantages of sel......
  • State v. Thompson, No. 3659.
    • United States
    • Court of Appeals of South Carolina
    • 7 de julho de 2003
    ...background or was apprised of his rights by some other source." Prince, 301 S.C. at 424, 392 S.E.2d at 463; accord Wroten v. State, 301 S.C. 293, 294, 391 S.E.2d 575, 576 (1990). While a specific inquiry by the trial judge expressly addressing the 355 S.C. 263 disadvantages of a pro se defe......
  • The State v. Starnes, No. 26868.
    • United States
    • United States State Supreme Court of South Carolina
    • 16 de agosto de 2010
    ...sentencing phase of his trial, as the trial court repeatedly questioned him about his decision to represent himself. See Wroten v. State, 301 S.C. 293, 294, 391 S.E.2d 575, 576 (1990) (citing Fitzpatrick v. Wainwright, 800 F.2d 1057, 1065 (11th Cir.1986)) (recognizing that the ultimate test......
  • State v. McCall, Appellate Case No. 2015-001097
    • United States
    • United States State Supreme Court of South Carolina
    • 5 de fevereiro de 2020
    ...are about as rare as the proverbial hens' teeth.") (citing State v. Lytchfield, 230 S.C. 405, 95 S.E.2d 857 (1957) ); Wroten v. State , 301 S.C. 293, 294–95, 391 S.E.2d 575, 576 (1990) (holding that an appellate court looks to the record as a whole to determine whether the defendant was suf......
  • Request a trial to view additional results
33 cases
  • Hilton v. Stephon, Case No. 2:18-cv-00962-DCC-MGB
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 13 de novembro de 2018
    ...However, notably absent from the inquiry was any warning as required by Faretta v. California 422 U.S. 806, 95 S.Ct. 2525, Wroten v. State 301 S.C. 293[,] 391 S.E.2d 575, Sally v. State 410 S.E.2d 921[.]Faretta requires that a defendant "be made aware of the dangers and disadvantages of sel......
  • State v. Thompson, No. 3659.
    • United States
    • Court of Appeals of South Carolina
    • 7 de julho de 2003
    ...background or was apprised of his rights by some other source." Prince, 301 S.C. at 424, 392 S.E.2d at 463; accord Wroten v. State, 301 S.C. 293, 294, 391 S.E.2d 575, 576 (1990). While a specific inquiry by the trial judge expressly addressing the 355 S.C. 263 disadvantages of a pro se defe......
  • The State v. Starnes, No. 26868.
    • United States
    • United States State Supreme Court of South Carolina
    • 16 de agosto de 2010
    ...sentencing phase of his trial, as the trial court repeatedly questioned him about his decision to represent himself. See Wroten v. State, 301 S.C. 293, 294, 391 S.E.2d 575, 576 (1990) (citing Fitzpatrick v. Wainwright, 800 F.2d 1057, 1065 (11th Cir.1986)) (recognizing that the ultimate test......
  • State v. McCall, Appellate Case No. 2015-001097
    • United States
    • United States State Supreme Court of South Carolina
    • 5 de fevereiro de 2020
    ...are about as rare as the proverbial hens' teeth.") (citing State v. Lytchfield, 230 S.C. 405, 95 S.E.2d 857 (1957) ); Wroten v. State , 301 S.C. 293, 294–95, 391 S.E.2d 575, 576 (1990) (holding that an appellate court looks to the record as a whole to determine whether the defendant was suf......
  • Request a trial to view additional results

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