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STATE v. COLE

CC C9207-33965; CA A80160; SC S42600.

912 P.2d 907 (1996)

323 Or. 30

STATE of Oregon, Respondent on Review, v. Aliconn Dwon COLE, Petitioner on Review.

Supreme Court of Oregon.

Decided March 21, 1996.

Reconsideration Denied April 30, 1996.

Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the briefs was Sally L. Avera, Public Defender.

David B. Thompson, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia Linder, Solicitor General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

FADELEY, Justice.

Police seized a firearm from an automobile in which defendant was a passenger and the state charged him under ORS 166.270 with being a felon in possession of a firearm. At arraignment, defendant, who is not a lawyer, appeared without counsel and stated that he would represent himself. The arraignment court gave no advice concerning the right to counsel or the perils of representing oneself. The court appointed an unnamed lawyer, who was present in...

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