State of Tennessee v. Michael Small

Following a jury trial, the Defendant, Michael Small, was convicted of two counts of aggravated robbery. At the sentencing hearing, the trial judge ordered the Defendant to proceed pro se because he allegedly physically attacked his appointed trial counsel. The trial court merged the two counts of aggravated robbery and sentenced the Defendant as a Range II, multiple offender to twenty years in the Department of Correction. On appeal, the Defendant asserts that (1) his failure to file a motion for new trial should not constitute waiver of trial errors on appeal because he was wrongfully denied his right to counsel, (2) the trial court erred in allowing the appointed counsel to represent him during trial because the attorney-client relationship became “adversarial,” (3) the trial court violated his right to counsel by requiring him to proceed pro se post-trial, and (4) the evidence is insufficient to support the jury’s finding the Defendant guilty beyond a reasonable doubt of aggravated robbery.  We conclude that the trial court did not make sufficient findings of fact to permit our review of whether the Defendant was properly required to proceed pro se. Therefore, we remand to the trial court for further factual determinations regarding the alleged attack on the Defendant’s trial counsel and any other pertinent information on the issue of whether the Defendant implicitly waived or forfeited his right to counsel.