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STATE v. HICKEY

C84-06-32530; CA A34401.

717 P.2d 1287 (1986)

79 Or.App. 200

STATE of Oregon, Respondent, v. Theodore HICKEY, Appellant.

Court of Appeals of Oregon, En Banc.

Decided April 30, 1986.

Attorney(s) appearing for the Case

Paul J. De Muniz, Salem, argued the cause for appellant. With him on the brief were Robert R. Trethewy and Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and JOSEPH, Chief Judge, and NEWMAN, J.

NEWMAN, Judge.

Defendant appeals his conviction for assault in the second degree. ORS 163.175. He asserts that the court erred when it denied his motion for a continuance that he made on the day of trial. We agree and reverse and remand for a new trial.

On June 8, 1984, defendant was arraigned. The court determined that he was indigent and appointed a member of the Multnomah County Public Defender's Office as his counsel. While attempting to negotiate a "plea...

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