People v. McNutt

Defendant was convicted, after jury trial, of 1st degree murder. Court did not err in failing to sua sponte order a hearing on Defendant's continued competency to waive counsel. The shortcomings Defendant recognized in his self-representation relate to lack of legal knowledge and skill, not his mental ability to competently choose to represent himself. No evidence that Defendant lacked any mental ability to make a meaningful decision to represent himself or to understand the ramifications of such a decision. A lack of legal sophistication, knowledge, or experience is not a basis on which to find a Defendant incompetent to waive counsel or his waiver of counsel ineffective.  (FITZGERALD SMITH and COBBS, concurring.)