In OCCA case No. M-2012-416, #1 Richard Allen House II appealed his conviction for #2 Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided #3 to reverse the conviction and send the case back for further proceedings. #4 One judge dissented. Richard Allen House II was found guilty after a trial without a jury. He was charged for having drug paraphernalia, which is against the law. The judge sentenced him to pay a fine of $250 and spend a year in jail, but he only had to serve 60 days in jail because the rest of his sentence was suspended as long as he followed certain rules. At the beginning of the case, Richard asked the court for a lawyer to help him, and the court agreed. However, later, his attorney wanted to stop helping Richard because they thought he could pay for a private lawyer. This happened after Richard posted bail and was said to be employed. But there was confusion because it was not clear whether the money was for this case or another case he had. Richard ended up representing himself, which means he did not have a lawyer to help him during the trial or the sentencing. After his trial, he asked for a lawyer to help with his appeal, but the judge did not appoint one, saying Richard had enough money to pay for a lawyer himself. This decision was questioned because there was no proper record showing that Richard understood he could still get a lawyer even though he had posted bail. Richard argued that it was wrong for his lawyer to leave and for him to have to represent himself without really understanding what that meant. The State, which is the side that brought the case against him, agreed that there was a problem because there was no formal record to show that Richard had given up his right to a lawyer. The court referred to earlier cases that showed it is important for defendants to have lawyers. If they can't pay for one, they must be given a lawyer unless they clearly waive that right. Since the proper steps weren't taken in Richard's case, the court decided his conviction should be reversed. They sent the case back to the lower court so they could decide if Richard still needed a lawyer or if he had given up that right properly. In summary, the decision noted that everyone deserves a fair chance to defend themselves with legal help, and if they can't afford a lawyer, they should still get one if they need it. The court made it clear that without the correct procedures being followed, they could not allow the conviction to stand.
