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STATE v. GAINO

020436M; A123310.

149 P.3d 1229 (2006)

210 Or. App. 107

STATE of Oregon, Respondent, v. Stefani D. GAINO, Appellant.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

John L. Susac, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

BREWER, C.J.

Defendant appeals her conviction for driving under the influence of intoxicants (DUII), ORS 813.010, arguing that the trial court erroneously allowed her to proceed without counsel when she petitioned to extend the duration of her diversion program and simultaneously offered a plea of guilty, without the court first determining whether she intelligently and voluntarily relinquished her right to counsel. In addition, defendant asserts that the court erred...

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