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STATE v. PELTIER

A169723.

508 P.3d 567 (2022)

318 Or. App. 267

STATE of Oregon, Plaintiff-Respondent, v. Christopher Joseph PELTIER, Defendant-Appellant.

Court of Appeals of Oregon.

March 16, 2022.

Attorney(s) appearing for the Case

Sara F. Werboff , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Lauren P. Robertson , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

In this criminal appeal, we must determine whether defendant, who was silent and unresponsive to attempts at communication from his attorney and jail staff, waived his right to be present at trial. We conclude that there was insufficient evidence for the trial court to decide that defendant intentionally...

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