Opinion
P090361; CA A61956
Submitted on record and briefs June 22, 1990
Reversed and remanded for a new trial August 1, 1990
Appeal from District Court, Multnomah County.
Lawrence R. Weisburg, Judge pro tempore.
Julie A. Leonhardt, Sandy, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Ann Kelley, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reversed and remanded for a new trial.
Defendant appeals his conviction for driving under the influence of intoxicants. The trial was to the court without a jury, and defendant elected to represent himself. On appeal, he contends that he was not properly advised of the consequences of proceeding pro se and, therefore, that his waiver of counsel was not valid. The state concedes that defendant is correct, and we agree. State ex rel Juv. Dept. v. Cheney, 96 Or. App. 680, 773 P.2d 1351 (1989); State v. Boswell, 92 Or. App. 652, 760 P.2d 276 (1988).
Reversed and remanded for a new trial.