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102 Or. App. 685

State v. David

Court of Appeals of Oregon

Decided August 1, 1990

Court of Appeals of Oregon · decided 1990-08-01

Decided 1990-08-01

PER CURIAM

¶1Defendant 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 P2d 1351 (1989); State v. Boswell, 92 Or App 652, 760 P2d 276 (1988).

¶2Reversed and remanded for a new trial.

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