State v. Waites

Court of Appeals of Oregon

State v. Waites

969 P.2d 401, 157 Or. App. 721, 1998 Ore. App. LEXIS 2282

Court of Appeals of Oregon·Decided December 23, 1998·No. 94-6014; CA A85666·Published

Opinion

PER CURIAM

Defendant appeals his convictions for assault and criminal trespass. He first assigns error to the trial court’s acceptance of his waiver of counsel and its decision to permit him to defend himself pro se, because, among other things, the court failed to inform him of the dangers of self-representation. The state concedes that the record fails to show a constitutionally valid waiver of counsel. We accept the concession. Defendant also assigns error to the trial court’s failure to deliver a requested instruction on self-defense. In light of the state’s concession of error on the first assignment of error, however, the second is moot.

Reversed and remanded for new trial.

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PER CURIAM

Defendant appeals his convictions for assault and criminal trespass. He first assigns error to the trial court’s acceptance of his waiver of counsel and its decision to permit him to defend himself pro se, because, among other things, the court failed to inform him of the dangers of self-representation. The state concedes that the record fails to show a constitutionally valid waiver of counsel. We accept the concession. Defendant also assigns error to the trial court’s failure to deliver a requested instruction on self-defense. In light of the state’s concession of error on the first assignment of error, however, the second is moot.

Reversed and remanded for new trial.

State v. Waites, 969 P.2d 401, 157 Or. App. 721, 1998 Ore. App. LEXIS 2282 (Or. Ct. App. 1998).

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