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STATE v. MILLER

CR0214178; A121187.

105 P.3d 944 (2005)

197 Or. App. 400

STATE of Oregon, Respondent, v. Kevin MILLER, Appellant.

Court of Appeals of Oregon.

Decided February 2, 2005.

Attorney(s) appearing for the Case

Garrett A. Richardson filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacey RJ Guise, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant appeals his convictions for reckless endangerment, ORS 163.195, arguing that the trial court erred in failing to determine that his waiver of his right to counsel was knowing and voluntary. The state concedes that the record does not establish that defendant's waiver of his right to counsel was knowing and voluntary. Upon review of the record, we find the state's concession to be well founded. Accordingly, we reverse and remand.

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