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STATE v. FOSTER

CR7-1964-20; CA A48276.

769 P.2d 790 (1989)

95 Or.App. 452

STATE of Oregon, Respondent, v. Kenneth Eugene FOSTER, Appellant.

Court of Appeals of Oregon.

Decided March 8, 1989.

Attorney(s) appearing for the Case

Glenn N. Solomon, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Mark Braverman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He contends that the court erred by denying his request for the appointment of counsel. We reverse and remand for a new trial.

At his arraignment, defendant said that he wished to hire an attorney to represent him, and the court set the next appearance far enough in the future to give him time to do so. Defendant was not in custody. He...

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