STATE v. BURNS

9808-46984; A114378.

79 P.3d 415 (2003)

190 Or. App. 566

STATE of Oregon, Respondent, v. Dwayne Brian BURNS, Appellant.

Court of Appeals of Oregon.

Decided November 13, 2003.


Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


PER CURIAM.

Defendant appeals an order that found he had violated the conditions of his probation, that imposed a six-month jail sanction for the violations, and that extended his probation to October 23, 2002. He argues that the court erred in imposing a probation sanction and extending his probation without obtaining a valid waiver of his right to counsel. The state concedes the trial court erred but argues that we should...

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