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STATE v. HARLESS

89CR1525; CA A63026.

812 P.2d 438 (1991)

STATE of Oregon, Respondent, v. Randall Leroy HARLESS, Appellant.

Court of Appeals of Oregon.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Kent W. Day, North Bend, argued the cause and filed the brief for appellant.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Marianne Ghim, Certified Law Student, Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992(4)(c),1 asserting that his waiver of the right to counsel was not knowingly and intelligently made. We reverse.

Defendant was arraigned on a charge of first degree theft, ORS 164.005, on the morning of July 14, 1989.2 He admits that he voluntarily waived his right to counsel at that hearing...

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