State v. Alt

Court of Appeals of Oregon

State v. Alt

825 P.2d 661, 111 Or. App. 633, 1992 Ore. App. LEXIS 396

CourtCourt of Appeals of Oregon

DecidedFebruary 26, 1992

Docket89M-1965; CA A70390

StatusPublished

Cited by1 cases

This text of 825 P.2d 661 (State v. Alt) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Alt, 825 P.2d 661, 111 Or. App. 633, 1992 Ore. App. LEXIS 396 (Or. Ct. App. 1992).

Pincite

Opinion

PER CURIAM

Defendant waived his right to counsel in a probation revocation hearing and represented himself. The record does not show that the trial court advised him of the consequences of a revocation or of the possible consequences and pitfalls of representing himself. See State v. Busby, 107 Or App 368, 812 P2d 14 (1991). A trial court must make at least a minimum inquiry into whether a defendant understands the consequences of a waiver of counsel before allowing him to proceed without counsel. State v. Boswell, 92 Or App 652, 760 P2d 276 (1988). The state concedes that defendant was not advised and is entitled to a new hearing.

Reversed and remanded for a new hearing.

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PER CURIAM

Defendant waived his right to counsel in a probation revocation hearing and represented himself. The record does not show that the trial court advised him of the consequences of a revocation or of the possible consequences and pitfalls of representing himself. See State v. Busby, 107 Or App 368, 812 P2d 14 (1991). A trial court must make at least a minimum inquiry into whether a defendant understands the consequences of a waiver of counsel before allowing him to proceed without counsel. State v. Boswell, 92 Or App 652, 760 P2d 276 (1988). The state concedes that defendant was not advised and is entitled to a new hearing.

Reversed and remanded for a new hearing.

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Bluebook (online)

825 P.2d 661, 111 Or. App. 633, 1992 Ore. App. LEXIS 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alt-orctapp-1992.

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