Reifer v. State
Annotate this CasePursuant to a plea agreement, Appellant pled guilty to two misdemeanor counts of sexual battery. The district court sentenced Appellant to the maximum penalty of two consecutive one-year terms of incarceration with a portion of his sentence suspended in favor of probation. The State later filed a petition to revoke Appellant’s probation for violating the conditions of his probation. Appellant elected to represent himself during the revocation proceedings. The district court found that Appellant had violated his probation and imposed the suspended jail sentence. Appellant appealed, asserting that the district court failed to properly advise him about the dangers of representing himself in the revocation proceedings, and therefore, his decision to forego counsel was not knowing and intelligent. The Supreme Court affirmed, holding that although the advisements given by the district court did not satisfy Faretta v. California and its progeny, Appellant’s waiver of his right to counsel was knowing and intelligent.
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