Summary
reversing our decision in State v. Cline, 2d Dist. Champaign No. 2002-CA-5, 2003-Ohio-4712, on the authority of State v. Martin, 103 Ohio St.3d 385, 2004-Ohio-5471, 816 N.E.2d 227, which held that a trial court must substantially, but not literally, comply with Crim.R. 44(C)'s requirements for the waiver of counsel
Summary of this case from State v. ClineOpinion
No. 2003-1903.
Submitted September 14, 2004.
Decided November 10, 2004.
CERTIFIED by the Court of Appeals for Champaign County, No. 2002-CA-05, 2003-Ohio-4712.
Nick A. Selvaggio, Champaign County Prosecuting Attorney, and Jack W. Whitesell Jr., Assistant Prosecuting Attorney, for appellant.
Michael T. Columbus, for appellee.
William F. Schenck, Greene County Prosecuting Attorney, and Cheri L. Stout, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.
{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded to that court for proceedings consistent with State v. Martin, 103 Ohio St.3d 385, 2004-Ohio-5471, 816 N.E.2d 277, and for consideration of other assignments of error.
Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Stratton, O'Connor and O'Donnell, JJ., concur.