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STATE v. NATHAN

B65-716; CA A31476.

698 P.2d 1052 (1985)

73 Or.App. 524

STATE of Oregon, Respondent, v. David Samuel NATHAN, Appellant.

Court of Appeals of Oregon.

Decided May 1, 1985.

Attorney(s) appearing for the Case

Patricia A. Vallerand and Leistner & Vallerand, Eugene, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen. and Thomas H. Denney, Asst. Atty. Gen., filed the brief for respondent.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

PER CURIAM.

Defendant was convicted on his plea of guilty of theft in the second degree. ORS 164.045. He contends in the first claim of error that the court erred

"* * * IN NOT MAKING A RECORD WHICH CLEARLY DEMONSTRATES [THAT] DEFENDANT'S DECISION TO WAIVE COUNSEL WAS THE PRODUCT OF AN INTELLIGENT AND UNDERSTANDING CHOICE."

In the second assignment, he contends:

"THE COURT ERRED IN ACCEPTING DEFENDANT'S GUILTY PLEA WITHOUT PROPERLY ASCERTAINING...

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