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STATE v. MIDDLEMISS

9909-49687, 9907-46385; A110658 (Control), A110659.

47 P.3d 528 (2002)

181 Or. App. 658

STATE of Oregon, Respondent, v. Scott Earl MIDDLEMISS, Appellant.

Court of Appeals of Oregon.

Decided May 29, 2002.

Attorney(s) appearing for the Case

David E. Groom, Public Defender for Oregon, and Irene B. Taylor, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Michael J. Slauson, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

Defendant was convicted of driving under the influence of intoxicants, ORS 813.010; resisting arrest, ORS 162.315; and failure to appear, ORS 133.075.1 Defendant appeals, arguing that the trial court erred in permitting the trial to proceed without first determining whether he knowingly and voluntarily waived his right to counsel. The state acknowledges that the courts have held on numerous occasions that waiver of counsel...

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