Opinion
9909-49687, 9907-46385; A110658 (Control), A110659 (Cases Consolidated)
Argued and submitted April 26, 2002.
Filed: May 29, 2002.
Appeal from Circuit Court, Multnomah County. Nely L. Johnson, Judge.
David E. Groom, Public Defender for Oregon, and Irene B. Taylor, Deputy Public Defender, filed the brief for appellant.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Michael J. Slauson, Assistant Attorney General, filed the brief for respondent.
Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.
PER CURIAM
Reversed and remanded for new trial.
Defendant was convicted of driving under the influence of intoxicants, ORS 813.010; resisting arrest, ORS 162.315; and failure to appear, ORS 133.075. Defendant appeals, arguing that the trial court erred in permitting the trial to proceed without first determining whether he knowingly and voluntarily waived his right to counsel. The state acknowledges that the courts have held on numerous occasions that waiver of counsel requires that the difficulties of self-representation and the benefits of being represented by an attorney be made known to a defendant before a waiver will be considered knowing and voluntary. See, e.g., State v. Meyrick, 313 Or. 125, 831 P.2d 666 (1992). The state further concedes that the record in this case does not reveal that defendant was advised about the dangers of self-representation. We find the state's concession to be well founded and therefore accept it.
ORS 133.075 has since been repealed and renumbered as ORS 133.076. See Or. Laws 1999, ch 1051, § 63.
Reversed and remanded for new trial.