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STATE v. HEAPS

DA 330866-8610; CA A42991.

742 P.2d 1188 (1987)

STATE of Oregon, Respondent, v. Lawrence M. HEAPS, Appellant.

Court of Appeals of Oregon.

Decided September 23, 1987.

Attorney(s) appearing for the Case

Clint A. Lonergan, Portland, argued the cause for appellant. With him on the brief was Richard L. Lonergan, Portland.

William J. Magavern, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen. and Terry Ann Leggert, Asst. Atty. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his conviction for assaulting a public safety officer. ORS 163.208. He contends, inter alia, that the trial court erred in denying his request for a second appointed counsel after he had a disagreement with his first appointed counsel. The issue is whether the trial court failed to exercise its discretion and, therefore, committed error in denying defendant's request for substitute counsel. We reverse.

Defendant...

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