Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STATE OF OREGON, Respondent, v. HAYWOOD OLIVER BUSBY, Appellant.

PER CURIAM

Defendant appeals an order revoking his probation and sentencing him to five years imprisonment. He contends that his decision to proceed without counsel was not an informed decision. The state concedes that the record does not show that defendant was advised of the nature of the allegations in the probation revocation hearing, the consequences of a revocation or the consequences and pitfalls of representing himself.

Defendant was entitled under Article I, section 11, of the Oregon Constitution and the Sixth Amendment to the United States Constitution to be represented by counsel. State ex rel Russell v. Jones, 293 Or. 312, 647 P.2d 904 (1982). In order to decide whether to waive his right to counsel, he had to be appropriately advised. State v. Boswell, 92 Or. App. 652, 760 P.2d 276 (1988); State v. Verna, 9 Or. App. 620, 498 P.2d 793 (1972). The state concedes that he was not properly advised and we conclude that his waiver of counsel was not valid.

Reversed and remanded for a new hearing.

Use AI to get other relevant cases.

Comments

STATE v. HAYWOOD OLIVER BUSBY
(May 22, 1991)