STATE v. MORROW

01112789; A117451.

86 P.3d 70 (2004)

192 Or. App. 441

STATE of Oregon, Respondent, v. Barry Craig MORROW, Appellant.

Court of Appeals of Oregon.

Decided March 10, 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.

Daniel J. Casey, 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 HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.


HASELTON, P.J.

Defendant, who was convicted following a bench trial of driving under the influence of intoxicants (DUII), ORS 813.010, appeals, asserting that he did not voluntarily and knowingly waive his right to a jury trial. Defendant acknowledges that he did not raise and adequately preserve that issue in the trial court. However, he contends that, because he represented himself, he could not "be expected to object to the trial court's failure to adequately inform...

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