Lopez v. State
Annotate this CasePetitioner was charged with possessing marijuana, importing into Maryland between 5 and 45 kilograms of marijuana, and related offenses. Near the beginning of the trial of his criminal case, after the prosecution's first witness had completed his direct testimony and before cross-examination by the defense, the circuit court permitted petitioner to discharge his attorney and represent himself. At issue was whether, under the Sixth Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, petitioner's decision to waive counsel and to represent himself satisfied the Johnson v. Zerbst standard of an intelligent and knowing waiver of counsel. The court held that petitioner did not intelligently and knowingly waive counsel where the circuit court failed to inform him of the full range of penalties he faced as a subsequent offender and where the record did not show that petitioner had previously been told of the maximum penalties he faced as a subsequent offender.
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