STATE OF MISSOURI-Respondent v. PAMELA RUTH CAMPANELLA

STATE OF MISSOURI, ) )

Plaintiff-Respondent, ) ) vs. ) No. SD36578 )

PAMELA RUTH CAMPANELLA, ) Filed: October 29, 2020 )

Defendant-Appellant. )

APPEAL FROM THE CIRCUIT COURT OF HICKORY COUNTY

Honorable James A. Hackett, Associate Circuit Judge REVERSED AND REMANDED

Pamela Ruth Campanella (“Defendant”) complains in a single point that the court erred in finding that she knowingly, voluntarily, and intelligently waived counsel in violation of her right to counsel and due process because there was neither an express nor an implied waiver of counsel. In support of her point, Defendant points to the transcript which shows no indication that she wanted to represent herself and no indication that she signed a waiver of counsel. The trial court indicated that it would allow Defendant’s attorney to withdraw shortly before trial, 1 but if Defendant were unable to hire counsel she would have to represent herself. When she was unable to obtain counsel, the trial court did not inquire into her indigency 2 and failed to conduct a Faretta hearing. 3 The State concedes that the trial court did not adequately establish that Defendant knowingly, voluntarily and intelligently waived her right to counsel.

Defendant’s point is granted; the judgment is reversed and the case is remanded for a new trial.

Nancy Steffen Rahmeyer, P.J. – Opinion Author

Daniel E. Scott, J. – Concurs

William W. Francis, Jr., J. – Concurs