Jermaine Porterv.The State
Jermaine Porter represented himself during a bench trial and was convicted of two counts of identity fraud. On appeal, he argued that the trial court had not obtained an unequivocal waiver of counsel, had not conducted the required inquiry into self-representation, and lacked sufficient evidence to convict him. The Court of Appeals held that the evidence was sufficient, but the record did not show that Porter had been properly advised of the dangers of proceeding without counsel. The trial court also failed to determine whether Porter had acted diligently in seeking counsel and whether the absence of counsel resulted from circumstances beyond his control. Those omissions required reversal of the order denying a new trial. Because the evidence was sufficient, the State may retry Porter without violating double jeopardy. The court reversed.
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