Alabama Court of Criminal Appeals, 2002

Webb v. State

Webb v. State
Alabama Court of Criminal Appeals · Decided April 26, 2002 · Shaw, McMillan, Cobb, Wise, Baschab
841 So. 2d 301; 2002 Ala. Crim. App. LEXIS 104; 2002 WL 732268 (Southern Reporter, Second Series)

Webb v. State

Opinion of the Court

SHAW, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and COBB and WISE, JJ„ concur. BASCHAB, J., dissents, with opinion.

Dissenting Opinion

BASCHAB, Judge,

dissenting.

I must respectfully dissent. The record in this case does not indicate that the trial court ever advised the appellant about the dangers and disadvantages of self-representation, as required by Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and did not advise him that he had the right to withdraw any waiver of the right to counsel at any time during the proceedings, as required by Rule 6.1(b), Ala. R.Crim. P. Therefore, we should reverse the trial court’s judgment and remand this case for a new trial. See Farid v. State, 720 So.2d 998 (Ala.Crim.App. 1998); Hairgrove v. State, 680 So.2d 946 (Ala.Crim.App. 1995), cert. denied, 680 So.2d 947 (Ala. 1996).

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