dissenting.
Because, in my view, the trial court correctly concluded that defendant impliedly waived her right to counsel, I respectfully dissent.
A waiver of counsel may be implied from the circumstances of the case. An implied waiver has been described as a forfeiture of the right to counsel, rather than a deliberate and informed decision to waive that right. People v. Arguello, 772 P.2d 87 (Colo.1989).
A defendant may not manipulate the right to counsel in a manner that will impede the efficient and effective administration of justice. See United States ex rel. Carey v. Rundle, 409 F.2d 1210, 1214 (3d Cir.1969).
In Allen v. People, 157 Colo. 582, 591, 404 P.2d 266, 271 (1965), the court held that a defendant, who was advised three times of his right to appointed or retained counsel, waived his right to counsel when he appeared at trial unrepresented. The court rejected the defendant’s contention that the trial court should have inquired into his indigency and should not have tried him without counsel:
The rule does not require the trial court to maintain a continuing vigilance over the financial affairs of one accused of crime in order to ferret out his poverty potential .... [T]he trial court fully advised the defendant of his right to be represented by an attorney, and ... determined that he was able to secure the services of an attorney. Ample time was given to prepare for trial. Thereafter, the burden rested upon the defendant to apprise the court of any change in circumstances resulting in indi-gency.
In People v. Litsey, 192 Colo. 19, 555 P.2d 974 (1976), the defendant refused appointed counsel and advised the trial court that he intended to retain a private attorney. The defendant failed to retain counsel and appeared at trial unrepresented. In affirming his conviction, the supreme court said, “[T]he defendant made no effort to retain counsel after being told of all his options by the trial court.... [T]he trial court properly construed the defendant’s actions in this regard as a waiver of the right to counsel.” People *890v. Litsey, supra, 192 Colo, at 23, 555 P.2d at 977.
In United States v. Weninger, 624 F.2d 163, 167 (10th Cir.1980), the court “refused to permit [a] game to be played with the court,” and held that the defendant waived his right to counsel when he failed to engage an attorney after repeated admonitions by the trial court. The court noted that the defendant had ample time before trial to retain counsel and that the trial court properly denied his request for a four-month continuance.
In my view, even indulging a reasonable presumption against waiver, the totality of the circumstances supports the trial court’s finding of an implied waiver and leads to the conclusion that defendant was attempting to manipulate the right to counsel to impede the efficient and effective administration of justice.
This ease had been pending for almost two years at the time of trial. At the hearing on the motion to withdraw, previous counsel opined that defendant and her husband were “playing games with- the court.” Her counsel noted that he had given her an affidavit for indigency to use in procuring an investigator, but she had failed to return it.
At the November 16 hearing, defendant responded that she had not had enough time to convert assets to cash, but that “we have the money.” She represented that she would “absolutely” be able to get an attorney and told the court she could get her finances liquid enough to hire an attorney within two weeks.
On November 26, defendant told the court that she had raised $5,000 but needed “another week” to hire counsel. On December 13, defendant’s husband said that they had a check representing liquidation of assets “in the bank,” but she inexplicably said nothing about those funds or their use when she appeared for trial on January 8.
At no time did defendant indicate she could not afford to retain counsel. To the contrary, she affirmatively stated that she was not indigent and that she did not want an attorney appointed to represent her free of charge.
Defendant was repeatedly told, and always acknowledged, that her failure to have an attorney present at the numerous hearings would result in a forfeiture of her right to counsel. Moreover, defendant received a sufficient advisement under People v. Arguello, supra.
The majority asserts that the facts here are closely akin to those in King v. People, 728 P.2d 1264 (Colo.1986), in which the court reversed a conviction because the defendant did not forfeit his right to counsel. I disagree.
In King, the defendant initially represented he had hired an attorney, but later appeared several times without counsel. Thereafter, the defendant indicated he was unable to pay the required retainer because he had suffered a heart attack and had been unemployed. The court referred the defendant to an eligibility investigator for the public defender, but thereafter declined a request for a continuance so that the defendant could pursue appointment of the public defender. On appeal, the supreme court noted that the defendant was unable to pay private counsel and specifically had sought the services of the public defender. It noted that the trial court had been unwilling to engage in any inquiry about the defendant’s financial condition.
Here, in contrast, defendant never said she was unable to pay an attorney. The court specifically inquired concerning defendant’s financial position during the Arguello advisement, but she did not request the services of the public defender and affirmatively told the court she was not indigent and was not entitled to free court-appointed counsel. Hence, King is inapposite. I am persuaded that Allen, Litsey, and Weninger are more applicable and instructive here.
While I agree that a court must make an inquiry about the defendant’s financial condition before finding an implied waiver, I cannot fault the trial court here for failing to cross-examine defendant concerning her financial condition, as the majority would require. A court is not required to maintain continuing vigilance over the financial affairs of a defendant. Allen v. People, supra.
*891Because defendant never claimed or asserted indigency, the majority’s recitation of indigency standards is irrelevant. Surely the trial court may take at face value a competent individual’s assertion that she is not indigent, especially when, as here, that individual has already received an appropriate indigency form and fails to return it or apply for appointed counsel. Indeed, it is the defendant’s responsibility in the first instance to request representation by the public defender’s office, § 21-l-103(l)(a), C.R.S.2003, and even though the court may appoint counsel of its own motion, the court may not appoint a public defender if the defendant does not fall within the fiscal standards or guidelines established by the supreme court. Section 21 — 1—103(l)(b), C.R.S.2003.
The majority asserts that, because defendant sought and obtained appointed counsel for sentencing and this appeal, that circumstance indicates her indigency and eligibility for counsel at the trial level. This assertion misses the mark. Defendant bears the responsibility to request and justify appointment of counsel, see Allen v. People, supra, and I see no basis to instruct the trial court to disregard her denial of indigency. Indeed, had the trial court forced appointed counsel upon defendant, we would now be faced with an appeal asserting the court denied defendant her right to select counsel of her choice.
The trial court, in my view, was justified in believing that defendant could afford private counsel and did not err in failing to inquire further. See Allen v. People, supra (court’s duty to assign an attorney to represent a defendant arises only after defendant shows he is indigent and unable to secure counsel from his own resources; after court determines a defendant can afford an attorney initially, the burden rests upon the defendant to apprise the court of any change in circumstances resulting in indigency).
For these reasons, I would affirm the judgment.