relating to Porter’s penalty phase claim. Accordingly, we reverse and enter judgment for the State. REVERSED. 1 . Bardwell formerly served as an assistant state attorney. He was, at the time of Porter’s trial, an experienced private criminal defense attorney who took conflict cases from the public defender. 2 . The record does not contain a transcript of any proceeding during which Porter requested to represent himself. The only pretrial hearings contained in the record are from February 25, 1987, March 13, 1987, November 20, 1987, November 24, 1987, and November 30, 1987. Porter was represented by the public defender at the February and March 1987 hearings. He proceeded pro se at the November 1987 hearings. 3 . Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975) (<HOLDING>). The record does not contain the court’s
holding that a criminal defendant has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so recognizing that when a defendant voluntarily intelligently and unequivocally elects to proceed without counsel under the sixth amendment a court cannot force the defendant to accept counsel against his or her will holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal holding that a criminal defendant has a sixth amendment right to counsel at trial holding that one must voluntarily and intelligently waive the right to counsel