No. 27419-1-II.The Court of Appeals of Washington, Division Two.
Filed: August 23, 2002. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.
Appeal from Superior Court of Pierce County, No. 001042355, Hon. Bruce W. Cohoe, May 3, 2001, Judgment or order under review.
Counsel for Appellant(s), Patricia A. Pethick, Attorney At Law, P.O. Box 111952, Tacoma, WA 98411-1952.
Counsel for Respondent(s), Maria S. Stirbis, Pierce County Pros. Office, Rm 946, 930 Tacoma Ave S, Tacoma, WA 98407-3506.
CARROLL C. BRIDGEWATER, J.
Ricky Martin Halverson appeals his conviction for unlawful manufacture of methamphetamine and unlawful possession of methamphetamine with intent to deliver on the grounds that he did not knowingly and intelligently waive his right to counsel. Because Halverson was not advised of the maximum penalty for the crime of unlawful manufacture of methamphetamine before he decided to represent himself, we reverse and remand for a new trial.
The Sixth and Fourteenth Amendments of the United States Constitution allow a criminal defendant to waive his or her right to assistance of counsel. Faretta v. California, 422 U.S. 806, 807, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). However, a defendant who chooses to waive this right must do so knowingly and intelligently. State v. DeWeese, 117 Wn.2d 369, 377, 816 P.2d 1 (1991). For a waiver to be valid, the defendant must be fully apprised of the maximum possible penalties and other risks associated with self-representation that would indicate that the defendant made this decision with his or her `eyes open.’ State v. Silva, 108 Wn. App. 536, 540-41, 31 P.3d 729 (2001). As Halverson contends and the State correctly concedes, Halverson was not advised of the maximum penalty of 149 to 198 months for unlawful manufacture of methamphetamine, under the doubling provisions of RCW 69.50.408, before he waived his right to counsel. Thus, Halverson’s judgment and sentence are reversed and vacated, and the matter is remanded for a new trial.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
WE CONCUR: HOUGHTON, J., HUNT, C.J.