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Jeramie John Edwin Large v. the State of Wyoming

November 30, 2011

JERAMIE JOHN EDWIN LARGE, APPELLANT (DEFENDANT),
v.
THE STATE OF WYOMING, APPELLEE (PLAINTIFF).



Appeal from the District Court of Park County The Honorable Steven R. Cranfill, Judge

The opinion of the court was delivered by: Voigt, Justice.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume.

[¶1] The appellant, Jeramie John Edwin Large, was charged with six crimes arising from an incident when he stole and crashed a vehicle. In this appeal he claims that his right to a speedy trial was violated and that he was denied his right to counsel without being adequately instructed and warned of the dangers of proceeding without counsel. Finding no error, we affirm.

ISSUES

[¶2] 1. Whether the appellant received a speedy trial.

2. Whether the district court properly informed the appellant of the dangers of proceeding without counsel and the penalties he faced.

FACTS

[¶3] A felony information charging the appellant with burglary, larceny, interference with a police officer, failure to provide personal information after a vehicular accident, and failure to give notice of an accident to police, was filed against the appellant on October 2, 2009. That same day, the appellant executed an affidavit requesting court-appointed counsel and an order appointing a public defender was entered. In the affidavit, the appellant wrote, "Rep[resent] myself w[ith] stand in counsel." Also, on October 2, 2009, the appellant waived his preliminary hearing.

[¶4] Ten days after the appellant completed his application for appointed counsel, but before his arraignment, the public defender's office moved to vacate its appointment because the appellant "wrote on [the affidavit] that he would represent himself 'with stand in counsel'."*fn1 Shortly thereafter, but before arraignment, the appellant filed handwritten pro se motions asking the district court for, among other things, a separation of the charges, full discovery, and medical care.

[¶5] On October 19, 2009, the district court conducted a hearing to address the appellant's request to represent himself with standby counsel, and the public defender's response that such was precluded by statute. At that hearing, however, a public defender advised that the appellant had recently "resubmitted an application for appointment of the public defender's office . . . with the full understanding that we don't do it as stand-by counsel." The appellant confirmed that counsel's statement was correct.

[¶6] At an arraignment hearing on October 28, 2009, some confusion arose as to which particular public defender had been assigned to the appellant's case. The district court stated it was "not going to have this hearing without you having a lawyer," to which the appellant responded, "I'd like to proceed . . . and just set it for jury trial at this time." The district court then explained to the appellant that "if technically there has been an order entered, then we need to allow that counsel to be here. But I'm going to get this set as quickly as I can."

[¶7] A week later, on November 4, 2009, the public defender's office filed another motion to vacate its appointment, stating:

[The appellant] has implied he will continue to make filings on his own behalf even though he has court-appointed counsel; [the appellant] has requested he be given access to a law library 1 to 2 hours a week for his legal research. . . .

[The appellant] is not open to any counseling or recommendations by his court-appointed attorney.

The district court set a hearing on this motion to vacate for January 6, 2010.

[ΒΆ8] Before the district court had an opportunity to hear the motion to vacate, the appellant filed various handwritten motions, including a motion for permission to attend his grandmother's funeral, "Motion to Represent Myself," "Motion to Set Dates for Jury Trial," "Motion to be Granted Access to Law Library," "Motion for Complete File, Discovery," "Motion Requesting Public Defenders," and a request for an "evidentiary hearing . . . regarding inconsistencies and statues [sic], degree of charges, etc." A few weeks later, on December 7, 2009, the appellant filed additional motions for change of venue, allegedly on "due process" grounds, including "complications of misrepresentation by public ...


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