600.051. Waiver of counsel, when permitted. — 1. Any judge of a court of competent jurisdiction may permit a waiver of counsel to be filed in any criminal case wherein a defendant may receive a jail sentence or confinement if the court first determines that defendant has made a knowledgeable and intelligent waiver of the right to assistance of counsel and the waiver is signed before and witnessed by the judge or clerk of the court, providing further that the waiver contains at least the following information which the defendant has read or which has been read to the defendant before the signing 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 charge and 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 the minimum possible sentence is ______ imprisonment in jail or by a fine in the amount of ______ dollars or by both such confinement and fine;
(4) That the defendant is aware that any recommendations by a prosecuting attorney or other prosecuting official are not binding on the judge and that any such recommendations may or may not be accepted by judge;
(5) That if defendant pleads guilty or is found guilty of the charge, the judge is most likely to impose a sentence of confinement;
(6) That, if indigent, and unable to employ an attorney, the defendant has a right to request the judge to appoint counsel to assist the defendant in his defense against the charge.
2. Such a waiver and procedure shall be required if the judge imposes an order of probation, parole or suspension of sentence whereby subsequently the defendant may be ordered confined thereunder. Whenever a judge has permitted the filing of a waiver and a plea of guilty or a finding of guilty on the charge is entered and before the imposition of a sentence of confinement (including probation, parole or suspended sentence), the judge shall determine:
(1) That if a plea of guilty has been entered, there is a factual 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 any witness or of any fact, circumstances or evidence which was not presented to the court, which would exonerate defendant of the charge;
(3) That upon inquiry of the prosecuting attorney there are no witnesses or evidence which would cast a reasonable doubt about the defendant's guilt or defenses available to defendant not disclosed to the court.
Notes of Decisions
State of Missouri v. Tawanda Kunonga, 490 S.W.3d 746 (Mo. Ct. App. 2016).
· cites it 160× “f alleged propensity evidence; (2) by failing to sua sponte intervene and prevent the admission of alleged hearsay testimony; (3) by failing to grant a mistrial after the State introduced evidence that Kunonga invoked his right to remain silent; and (4) in allowing him to…”
State v. Wilkerson, 948 S.W.2d 440 (Mo. Ct. App. 1997).
· cites it 31× “In his sole point on appeal, appellant claims that the trial court erred in allowing him to proceed to trial pro se in that his written waiver of counsel was not executed in accordance with § 600.051. We reverse and remand. Facts Appellant does not challenge the sufficiency of…”
State v. Hunter, 840 S.W.2d 850 (Mo. 1992).
· cites it 7× “The second complaint is that the court failed to obtain a written waiver of counsel, as required by § 600.051. A. For a waiver of counsel to be effective, due process requires that the waiver be made knowingly and intelligently.”
State v. Nichols, 207 S.W.3d 215 (Mo. Ct. App. 2006).
· cites it 14× “Any judge of a court of competent jurisdiction may permit a waiver of counsel to be filed in any criminal case wherein a defendant may receive a jail sentence or confinement if the court first determines that defendant has made a *225 knowledgeable and intelligent waiver of the…”
State v. White, 44 S.W.3d 838 (Mo. Ct. App. 2001).
· cites it 27× “White contends on appeal that by requiring him to represent himself pro se in his trial by jury, the trial court denied his rights to counsel, a fair trial, and due process of law, in that the court failed to secure from him a written waiver of his right to counsel, as required…”
State v. Keeth, 203 S.W.3d 718 (Mo. Ct. App. 2006).
· cites it 12× “First, the case law in Missouri has recognized such right; and second, Missouri has, by statute through the enactment of Section 600.051, created this right by requiring a written waiver.”
Wilkins v. State, 802 S.W.2d 491 (Mo. 1991).
· cites it 8× “Defendant nevertheless executed written waivers of counsel, § 600.051, RSMo 1986, and the court again inquired at length making absolutely sure that defendant understood the range of punishment for each crime.”
State of Missouri v. Ronald Davis, 507 S.W.3d 41 (Mo. Ct. App. 2016).
· cites it 6× “gues the trial court erred by discharging counsel and allowing him to represent himself pro se at trial because the discharge of counsel violated Appellant’s right to counsel, right to due process, and right to a fair trial as guaranteed by the Fifth, Sixth, and Fourteenth…”
State v. Gilmore, 697 S.W.2d 172 (Mo. 1985).
· cites it 6× “In addition, defendant signed a waiver memorandum as required under section 600.051, RSMo 1978. Appellant argues that this was insufficient to support a waiver of counsel.”
State v. Clark, 592 S.W.2d 709 (Mo. 1979).
· cites it 6× “Section 600.051, RSMo 1978 requires that any waiver of counsel in a criminal case which may result in punishment by confinement be made by a writing signed before and witnessed by the judge or clerk of court.”
State v. Yardley, 637 S.W.2d 293 (Mo. Ct. App. 1982).
· cites it 10× “051 which in part provides a court "may permit a waiver of counsel to be filed in any criminal case" if the court deems the defendant has made a knowledgeable and intelligent waiver of the right to counsel "and the waiver is signed before and witnesses by the judge or clerk of…”
State v. Rogers, 674 S.W.2d 608 (Mo. Ct. App. 1984).
· cites it 11× “The trial court judge then read the waiver warnings of § 600.051 RSMo 1978 to appellant and appellant signed the written waiver.”
— Mo. Rev. Stat. § 600.051(1) — 2 cases
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