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STATE v. HIGLEY

T7878A; CA A50131.

781 P.2d 1245 (1989)

99 Or.App. 298

STATE of Oregon, Respondent, v. Henry Frank HIGLEY, Appellant.

Court of Appeals of Oregon.

Decided November 8, 1989.

Attorney(s) appearing for the Case

Raymond W. Hess, Hillsboro, argued the cause and filed the brief for appellant.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

NEWMAN, Judge.

Defendant appeals his conviction for driving under the influence. ORS 813.010. He assigns as errors that the trial court denied his motion to postpone and "forced" him to proceed to trial without counsel. We affirm.

On May 20, 1988, defendant was arrested. On June 7, the court set a trial date of July 20. On June 21, the state moved to postpone, because one of its police witnesses would be unavailable on July 20. The district attorney told the...

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