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STATE v. CRAIN

0003658CR; A116504.

84 P.3d 1092 (2004)

192 Or. App. 328

STATE of Oregon, Respondent, v. Lyle Dean CRAIN, Appellant.

Court of Appeals of Oregon.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Ozanne, Executive Director, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

BREWER, J.

Defendant appeals his conviction for first-degree burglary. ORS 164.225. He contends that the trial court erred (1) in failing to treat his attorney's motion to withdraw on the day of trial as defendant's own request for substitute counsel; and (2) by including a previous fourth-degree assault conviction in his criminal history score for purposes of sentencing, because there was no showing that he was represented by counsel or validly waived counsel before...

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