600.051. 1. Any judge of a court of competent jurisdictionmay permit a waiver of counsel to be filed in any criminal casewherein a defendant may receive a jail sentence or confinement ifthe court first determines that defendant has made aknowledgeable and intelligent waiver of the right to assistanceof counsel and the waiver is signed before and witnessed by thejudge or clerk of the court, providing further that the waivercontains at least the following information which the defendanthas read or which has been read to the defendant before thesigning thereof:
(1) That the defendant has been charged with the offense of.......... (nature of charge must be inserted before signing);
(2) That the defendant has a right to a trial on the chargeand further that the defendant has a right to a trial by a jury;
(3) That the maximum possible sentence on the charge is.......... imprisonment in jail and a fine in the amount of.......... dollars or by both imprisonment and fine. That theminimum possible sentence is .......... imprisonment in jail orby a fine in the amount of .......... dollars or by both suchconfinement and fine;
(4) That the defendant is aware that any recommendations bya prosecuting attorney or other prosecuting official are notbinding on the judge and that any such recommendations may or maynot be accepted by judge;
(5) That if defendant pleads guilty or is found guilty ofthe charge, the judge is most likely to impose a sentence ofconfinement;
(6) That, if indigent, and unable to employ an attorney, thedefendant has a right to request the judge to appoint counsel toassist the defendant in his defense against the charge.
2. Such a waiver and procedure shall be required if thejudge imposes an order of probation, parole or suspension ofsentence whereby subsequently the defendant may be orderedconfined thereunder. Whenever a judge has permitted the filingof a waiver and a plea of guilty or a finding of guilty on thecharge is entered and before the imposition of a sentence ofconfinement (including probation, parole or suspended sentence),the judge shall determine:
(1) That if a plea of guilty has been entered, there is afactual basis for such a plea and, upon inquiry of defendant,that defendant is in fact guilty of the charge;
(2) That the defendant does not know of the existence of anywitness or of any fact, circumstances or evidence which was notpresented to the court, which would exonerate defendant of thecharge;
(3) That upon inquiry of the prosecuting attorney there areno witnesses or evidence which would cast a reasonable doubtabout the defendant's guilt or defenses available to defendantnot disclosed to the court.
(L. 1976 H.B. 1095 § 600.046)
(1979) Construed § 600.051 to apply only when a case has reached the stage of disposition by sentencing or an order of probation, parole or suspension of sentence. Wolfe v. State (A.), 574 S.W.2d 453.
(1985) State has the burden to show on the record that defendant waived his right to counsel after the judge examined the defendant to ascertain his waiver to have been made knowingly and intelligently. State v. Watson (Mo.App.), 687 S.W.2d 667.
600.051. 1. Any judge of a court of competent jurisdictionmay permit a waiver of counsel to be filed in any criminal casewherein a defendant may receive a jail sentence or confinement ifthe court first determines that defendant has made aknowledgeable and intelligent waiver of the right to assistanceof counsel and the waiver is signed before and witnessed by thejudge or clerk of the court, providing further that the waivercontains at least the following information which the defendanthas read or which has been read to the defendant before thesigning thereof:
(1) That the defendant has been charged with the offense of.......... (nature of charge must be inserted before signing);
(2) That the defendant has a right to a trial on the chargeand further that the defendant has a right to a trial by a jury;
(3) That the maximum possible sentence on the charge is.......... imprisonment in jail and a fine in the amount of.......... dollars or by both imprisonment and fine. That theminimum possible sentence is .......... imprisonment in jail orby a fine in the amount of .......... dollars or by both suchconfinement and fine;
(4) That the defendant is aware that any recommendations bya prosecuting attorney or other prosecuting official are notbinding on the judge and that any such recommendations may or maynot be accepted by judge;
(5) That if defendant pleads guilty or is found guilty ofthe charge, the judge is most likely to impose a sentence ofconfinement;
(6) That, if indigent, and unable to employ an attorney, thedefendant has a right to request the judge to appoint counsel toassist the defendant in his defense against the charge.
2. Such a waiver and procedure shall be required if thejudge imposes an order of probation, parole or suspension ofsentence whereby subsequently the defendant may be orderedconfined thereunder. Whenever a judge has permitted the filingof a waiver and a plea of guilty or a finding of guilty on thecharge is entered and before the imposition of a sentence ofconfinement (including probation, parole or suspended sentence),the judge shall determine:
(1) That if a plea of guilty has been entered, there is afactual basis for such a plea and, upon inquiry of defendant,that defendant is in fact guilty of the charge;
(2) That the defendant does not know of the existence of anywitness or of any fact, circumstances or evidence which was notpresented to the court, which would exonerate defendant of thecharge;
(3) That upon inquiry of the prosecuting attorney there areno witnesses or evidence which would cast a reasonable doubtabout the defendant's guilt or defenses available to defendantnot disclosed to the court.
(L. 1976 H.B. 1095 § 600.046)
(1979) Construed § 600.051 to apply only when a case has reached the stage of disposition by sentencing or an order of probation, parole or suspension of sentence. Wolfe v. State (A.), 574 S.W.2d 453.
(1985) State has the burden to show on the record that defendant waived his right to counsel after the judge examined the defendant to ascertain his waiver to have been made knowingly and intelligently. State v. Watson (Mo.App.), 687 S.W.2d 667.
600.051. 1. Any judge of a court of competent jurisdictionmay permit a waiver of counsel to be filed in any criminal casewherein a defendant may receive a jail sentence or confinement ifthe court first determines that defendant has made aknowledgeable and intelligent waiver of the right to assistanceof counsel and the waiver is signed before and witnessed by thejudge or clerk of the court, providing further that the waivercontains at least the following information which the defendanthas read or which has been read to the defendant before thesigning thereof:
(1) That the defendant has been charged with the offense of.......... (nature of charge must be inserted before signing);
(2) That the defendant has a right to a trial on the chargeand further that the defendant has a right to a trial by a jury;
(3) That the maximum possible sentence on the charge is.......... imprisonment in jail and a fine in the amount of.......... dollars or by both imprisonment and fine. That theminimum possible sentence is .......... imprisonment in jail orby a fine in the amount of .......... dollars or by both suchconfinement and fine;
(4) That the defendant is aware that any recommendations bya prosecuting attorney or other prosecuting official are notbinding on the judge and that any such recommendations may or maynot be accepted by judge;
(5) That if defendant pleads guilty or is found guilty ofthe charge, the judge is most likely to impose a sentence ofconfinement;
(6) That, if indigent, and unable to employ an attorney, thedefendant has a right to request the judge to appoint counsel toassist the defendant in his defense against the charge.
2. Such a waiver and procedure shall be required if thejudge imposes an order of probation, parole or suspension ofsentence whereby subsequently the defendant may be orderedconfined thereunder. Whenever a judge has permitted the filingof a waiver and a plea of guilty or a finding of guilty on thecharge is entered and before the imposition of a sentence ofconfinement (including probation, parole or suspended sentence),the judge shall determine:
(1) That if a plea of guilty has been entered, there is afactual basis for such a plea and, upon inquiry of defendant,that defendant is in fact guilty of the charge;
(2) That the defendant does not know of the existence of anywitness or of any fact, circumstances or evidence which was notpresented to the court, which would exonerate defendant of thecharge;
(3) That upon inquiry of the prosecuting attorney there areno witnesses or evidence which would cast a reasonable doubtabout the defendant's guilt or defenses available to defendantnot disclosed to the court.
(L. 1976 H.B. 1095 § 600.046)
(1979) Construed § 600.051 to apply only when a case has reached the stage of disposition by sentencing or an order of probation, parole or suspension of sentence. Wolfe v. State (A.), 574 S.W.2d 453.
(1985) State has the burden to show on the record that defendant waived his right to counsel after the judge examined the defendant to ascertain his waiver to have been made knowingly and intelligently. State v. Watson (Mo.App.), 687 S.W.2d 667.
