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STATE v. SCHMICK

10-81-02833; CA A23474.

660 P.2d 693 (1983)

62 Or.App. 227

STATE of Oregon, Respondent, v. Stanley Earl SCHMICK, Appellant.

Court of Appeals of Oregon.

Decided March 16, 1983.

Reconsideration Denied April 29, 1983.

Attorney(s) appearing for the Case

Robert A. Miller, Springfield, argued the cause and filed the brief for appellant.

Christine Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant was convicted by a jury of sodomy in the first degree and rape in the first degree, both class A felonies. He represented himself at trial. He now seeks a new trial on the ground that he was denied his right to a fair trial by the failure of the trial court to ensure that he had waived his right to assistance of counsel.1

When defendant first appeared for arraignment, on April 3, 1981, he appeared...

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