May Court Presume That a Defendant Has Waived His Right to An Attorney Without Inquiry ?
In People v. Griffin, 305 Ill. App. 3d 326, 713 N.E.2d 662, 239 Ill. Dec. 131 (1999), the Court held that, when a defendant files a pro se Rule 604(d) motion, the trial court must ascertain whether the defendant desires counsel.
Only after completing this inquiry and, if need be, allowing the defendant to obtain counsel to assist in preparing a proper motion may the court proceed further. Griffin, 305 Ill. App. 3d at 330.
The Court explained that the court may not simply presume that the defendant has waived his right to counsel; indeed, even if he did so earlier, the court must indulge in every reasonable presumption in favor of finding that he has revoked his waiver. Griffin, 305 Ill. App. 3d at 330;
See also People v. Barnes, 291 Ill. App. 3d 545, 684 N.E.2d 416, 225 Ill. Dec. 731 (1997) (judgment reversed and cause remanded where trial court summarily denied pro se postjudgment motion); People v. Ledbetter, 174 Ill. App. 3d 234, 528 N.E.2d 375, 123 Ill. Dec. 830 (1988) (same).