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CITY OF LAKE OSWEGO v. STAFFORD

(MCA9712336; CA A100477)

7 P.3d 725 (2000)

169 Or. App. 179

CITY OF LAKE OSWEGO, Respondent, v. Thomas Darrel STAFFORD, Appellant.

Court of Appeals of Oregon.

Decided July 12, 2000.

Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Kaye McDonald, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Ann Kelley, Assistant Attorney General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

Defendant's appeal from his conviction for driving under the influence of intoxicants (DUII) presents a variation on a recurring issue in criminal cases: whether the trial court was required to determine that defendant, who appeared pro se on the day of trial, knowingly and intelligently waived his right to counsel. Because we conclude that the trial court erred in failing to make the necessary determination, we reverse and remand.

While...

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