On April 18, 1988, defendant moved to relieve his appointed attorneys, Halvor Miller and H. Clay Jacke, and represent himself. On April 22, before the court ruled on the motion, defendant withdrew it. Defendant now maintains the withdrawal was ineffective because it was motivated by confusion over whether the court was willing to appoint one of his current attorneys as advisory counsel and by counsel’s unfulfilled promise to try to get him cocounsel status. He contends he was thereby deprived of his right of self-representation under Faretta v. California (1975) 422 U.S. 806.
Defendant first moved for self-representation on April 18, 1988, but the request was put over to April 21. At a hearing on that day, defendant explained that although he wanted to proceed in propria persona, he wished to keep attorney Jacke as advisory counsel. The court indicated that if it relieved Miller and Jacke, it was unlikely to appoint either as advisory counsel. The court stated it was “not reasonable to be relieved, the attorneys, then have him come back as advisory counsel.” If advisory counsel were needed, the court would decide who to appoint, and “[i]t may or may not include these two attorneys.” The matter was continued to the next morning.
On April 22, the court stated, inconsistently with the previous day’s record of proceedings, that it had told defendant the previous day that “in the event that he represented himself and he wished advisory counsel, that I would appoint advisory counsel and it would be between Mr. Jacke and Mr. Miller. It was up to him to decide.” The court, however, noted it was unlikely to reappoint them if, at a later time, defendant decided he again wanted an attorney. Defendant thanked the court for “making it clear to me what its intentions were,” but stated he now “would like to withdraw the motion to proceed in pro per.” A short time later, the court again assured defendant that if he did represent himself and wanted advisory