STATE v. CARTER

89D-105542; CA A64550.

810 P.2d 872 (1991)

107 Or.App. 48

STATE of Oregon, Respondent, v. David Bryan CARTER, Appellant.

Court of Appeals of Oregon.

Decided May 1, 1991.


Attorney(s) appearing for the Case

Loren W. Collins, Salem, argued the cause and filed the brief for appellant.

Katherine H. Waldo, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


DEITS, Judge.

Defendant appeals his conviction for harassment, ORS 166.065, asserting that his waiver of the right to counsel was not the product of an intelligent and understanding choice. The record does not show a valid waiver. Therefore, we reverse and remand.

The facts are not in dispute. Defendant was charged with assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065, for allegedly striking his nine year old son. He chose to represent...

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