State v. Dial

Syllabus

John Henry Dial Jr. appeals his conviction of two counts of assault and battery in the third degree, arguing the magistrates court did not advise him of the dangers of proceeding without counsel. Because the record does not indicate the magistrates court advised Dial of the dangers of self-representation, we remand to the circuit court to conduct an evidentiary hearing to determine whether Dial knowingly and intelligently waived his right to counsel.