Baker, J.
Stephen Wirthlin appeals the trial court’s order denying his motion to withdraw his guilty plea. Wirthlin argues that he did not knowingly, intelligently, and voluntarily waive his right to counsel at the initial or guilty plea hearings and that, as a result, he is entitled to withdraw his plea. …
On February 28, 2017, the State charged Wirthlin with Level 6 felony possession of methamphetamine and two counts of Level 6 felony dealing in a synthetic drug or synthetic drug lookalike substance. Wirthlin’s initial hearing took place on March 7, 2017; before the hearing, he signed a form advising him of his rights. The trial court first showed Wirthlin the document he had signed regarding his rights and asked if he read and signed it; Wirthlin replied, “yes, I did sir, I tried I could the best I could without glasses yet,” and when the trial court asked if Wirthlin had any questions about what it meant, Wirthlin said, “[u]m, no I do understand somewhat [sic] of what it means.” The trial court asked if Wirthlin had read the charges and Wirthlin replied, “yes, as best I could.” …
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That same day, following the hearing, Wirthlin and the prosecutor engaged in plea negotiations. Without having talked to an attorney, Wirthlin agreed to plead guilty to two of the three charges, with the third to be dismissed. The sentence was left to the trial court’s discretion. Wirthlin signed a general document regarding his rights in the guilty plea stage and the impact of a guilty plea; included on the document was a general advisement regarding the right to counsel.
Wirthlin’s guilty plea hearing took place that same day—March 7, 2017. At that hearing, the trial court reminded Wirthlin that “[y]ou do have the right to [be] represented by an attorney. Do you understand that by pleading guilty, you’re giving that right up?” Wirthlin responded affirmatively. He ultimately pleaded guilty to Level 6 felony possession of methamphetamine and Level 6 felony dealing in a synthetic drug or a synthetic drug lookalike. Following Wirthlin’s April 4, 2017, sentencing hearing, the trial court sentenced him to concurrent terms of twenty-four months incarceration with sixteen months suspended to probation.
On September 1, 2017, Wirthlin, by counsel, filed a motion to withdraw his guilty plea. He argued that he did not knowingly and voluntarily plead guilty because the plea was a product of an invalid waiver of counsel, which was premised on his misunderstanding that a waiver of counsel was necessary to quickly resolve the case. Following a hearing, the trial court denied Wirthlin’s motion on November 3, 2017. The trial court noted that Wirthlin signed a document regarding his rights, including the right to legal representation, and that it orally advised him of his rights, which Wirthlin indicated he understood.
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In this case, to determine whether Wirthlin should have been permitted to withdraw his guilty plea, we must first determine whether he knowingly, voluntarily, and intelligently waived his right to counsel. As an initial matter, we note our marked skepticism that he waived his right to counsel at all. At no point during the initial hearing did he indicate a wish to represent himself. More than once, he expressed confusion about the proceedings; more than once, he indicated that he was unable to afford an attorney; and more than once, he indicated a desire that the proceedings move as quickly as possible so that he could get home to care for his ailing father. …
The trial court improperly placed the burden on Wirthlin by finding that he did not invoke his right to counsel by requesting a public defender. It is well established that there is a strong presumption against the waiver of the right to counsel, and it is the trial court that bears the “‘serious and weighty responsibility . . . to determine whether there was an intelligent and competent waiver. … The fact that Wirthlin did not explicitly request appointment of a public defender is of no moment, and the trial court erred by burdening him with the obligation to do so.
Although we are inclined to find that Wirthlin did not waive his right to counsel at all, the State insists that he did so by virtue of the written forms he signed before the initial and guilty plea hearings; therefore, we will consider whether those documents, in addition to the oral advisements, amount to a knowing and voluntary waiver. We observe, first, that neither of these documents constitutes an explicit and thorough waiver of his right to counsel. See Hopper v. State, 957 N.E.2d 613, 615 (Ind. 2011) …
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We acknowledge that Wirthlin signed the documents pointed to by the State, but those documents do not, and cannot, suffice to fulfill the trial court’s responsibility to ensure a knowing, intelligent, and voluntary waiver of counsel. If these documents were enough, trial courts would not need to engage in any discussion of these matters with defendants, but courts of this State have quite clearly held that there is, indeed, such an obligation.
Under these circumstances, we find that Wirthlin did not knowingly, intelligently, and voluntarily waive his right to counsel. Consequently, the guilty plea should not have been accepted by the trial court. I.C. § 35-35-1-1. But as the plea was accepted and Wirthlin was sentenced thereafter, we find that it was necessary to grant Wirthlin’s motion to withdraw the plea to correct a manifest injustice, namely, that Wirthlin was denied the effective assistance of counsel. I.C. § 35-35-1-4(c). Therefore, we reverse and remand for further proceedings.
Kirsch, J., and Bradford, J., concur.