Find Court Cases > A99901 State v. Ernst

A99901 State v. Ernst

Case Date: 06/16/1999
Docket No: 10-96-10047

Download A143586 State v. Dalby.pdf

FILED: June 16, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DANIEL CARL ERNST,

Appellant.

(10-96-10047; CA A99901)

Appeal from Circuit Court, Lane County.

Jack A. Billings, Judge.

Submitted on record and briefs May 7, 1999.

David E. Groom, Public Defender, and Mary M. Reese, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Linder and Brewer, Judges.

PER CURIAM

Reversed and remanded for new trial.

PER CURIAM

Defendant was charged with unlawful possession of a controlled substance and unlawful manufacture of a controlled substance. At trial, he was permitted to waive counsel and proceed pro se. Defendant was found guilty and sentenced. On appeal, he contends that the trial court erred in accepting his waiver of counsel without an adequate inquiry into his understanding of his right to counsel or the ramifications of proceeding without counsel. The state concedes that the record does not demonstrate a valid waiver of counsel. We accept the state's concession.

Reversed and remanded for new trial.