State v. Luvene

In State v. Luvene, 127 Wn.2d 690, 903 P.2d 960 (1995), the defendant objected to the trial court granting his counsel's motion for a continuance. On appeal, the defendant argued that he was denied his constitutional right to proceed pro se based on his statement to the trial court: THE DEFENDANT: "I've been here since July. . . . You know, I don't wanna sit here any longer. It's me that has to deal with this. If I'm prepared to go for myself, then that's me. You know, can't nobody tell me what I wanna do. They say I did this, so why not--if I wanna go to trial, why can't I go to trial on the date they have set for my life? I'm prepared. I'm not even prepared about that. I wanna go to trial, sir. . . . "I don't wanna extend my time. This is out of my league for doing that. I do not want to go. If he's not ready to represent me, then forget that. But I want to go to trial on this date." (Luvene, 127 Wn.2d at 698.) Taken in the context of the record as a whole, the Court determined that the above-quoted statement could be seen only as an "expression of frustration by Mr. Luvene with the delay in going to trial and not as an unequivocal assertion of his right to self-representation." Luvene, 127 Wn.2d at 699.