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649 S.W.2d 260

State v. Hannah

Missouri Court of Appeals

Decided March 22, 1983

Missouri Court of Appeals · decided 1983-03-22

Relies on Peterson v. State · State v. Christian · Powell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-03-22

How this case has been cited

Cited by 3 later decisions — most recently March 2016

3 state decisions

101983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MANFORD, Judge.

¶1This appeal is from a conviction for assault, third degree, a Class A misdemeanor, § 565.070, RSMo 1978. The Honorable Herbert S. Brown, Associate Circuit Judge of Grundy County was assigned by the Honorable James J. Wheeler, Circuit Judge of the Ninth Judicial Circuit, as Special Judge to hear this cause. The judgment is reversed and the cause remanded.

¶2The sole question is whether reversible error occurred when the trial court permitted this case to go to trial without appellant’s being represented by counsel without first having executed a written waiver of counsel pursuant to § 600.051, RSMo 1978.

¶3This judgment must be reversed. It serves no purpose to set forth a recitation of the pertinent facts. The appeal was submitted on briefs and respondent did not *261even bother to file a brief. The alleged error is submitted under Rule 29.12(b).

¶4The record fails to reveal any written waiver of counsel as mandated by § 600.-051. Reversal of the judgment is ruled squarely by our decision in State v. Hamilton, 647 S.W.2d 594 (Mo.App.1983). See also Peterson v. State, 572 S.W.2d 475, 477 (Mo. banc 1978); State v. Christian, 604 S.W.2d 758, 760 (Mo.App.1980); and Powell v. State, 581 S.W.2d 37 (Mo.App.1979). That this question is reviewable under our plain error rule 29.12(b), see Hamilton, supra.

¶5Judgment reversed and cause remanded.

¶6All concur.

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