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STATE v. LEWIS

036126; A123966.

174 P.3d 1043 (2007)

217 Or. App. 56

STATE of Oregon, Plaintiff-Respondent, v. Darrel Gene LEWIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 19, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Bronson D. James, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for theft in the second degree. ORS 164.045. He assigns error to the trial court's denial of his motion to dismiss on the ground that he had been required to appear without the assistance of counsel at arraignment. We affirm.

The relevant facts are not in dispute. Defendant was arrested and appeared in court on March 31, 2003, without counsel. At that first appearance, the trial court informed defendant...

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