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STATE v. SMITH

No. 1 CA-CR 462.

19 Ariz. App. 279 (1973)

506 P.2d 670

STATE of Arizona, Appellee, v. Alfred Charles SMITH, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

March 1, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.

OGG, Judge.

The question before this Court is to determine if the defendant, Alfred Charles Smith, was denied his right under the Arizona Constitution to represent himself.

The Arizona Constitution, Article II, Section 24, A.R.S. states:

"In criminal prosecutions, the accused shall have the right to appear and defend in person * * *"

When a defendant is mentally competent he cannot be forced to accept a lawyer when he does not want one. Burgunder...

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