Dorsey v. State

Opinion Concurring in Result

Staton, P.J.

I concur in result since my rationale would differ from that of the majority. First, the mere filing of a removal petition does not confer jurisdiction, nor does it divest jurisdiction. Second, the defendant, Reginald Dorsey, does have a constitutional right to defend himself. The trial court committed error by denying Dorsey’s request to proceed pro se. However, this error does not rise to a fundamental error in this cause. Furthermore, the error was harmless. I do not agree that the error is moot. For these reasons, I have concurred in result.

Note. — Reported at 357 N.E.2d 280.