Opinion
Nos. C960994CR; CA A105046
Submitted on record and briefs September 1, 2000.
Filed: September 27, 2000
Appeal from Circuit Court, Washington County, Michael J. McElligott, Judge.
David E. Groom, Public Defender, and Rankin Johnson IV, Deputy Public Defender, filed the brief for appellant.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Stacy J. Guise, Assistant Attorney General, filed the brief for respondent.
Before DE MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.
PER CURIAM
Reversed and remanded.
Defendant appeals from a judgment revoking his probation, arguing that the trial court erred in requiring him to proceed without counsel at the probation revocation hearing despite his request to speak to an attorney. The state concedes that defendant did not waive his right to counsel and that the trial court erred in revoking defendant's probation under the circumstances. We accept the state's concession of error. See generally State v. Busby, 107 Or. App. 368, 812 P.2d 14 (1991) (defendant is entitled, under Article I, section 11, of the Oregon Constitution, and under the Sixth Amendment to the United States Constitution, to counsel at a probation revocation hearing).
Reversed and remanded.