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CITY OF PENDLETON v. STANDERFER

TC T-5243N; CA A28740; SC S30229.

688 P.2d 68 (1984)

297 Or. 725

CITY OF PENDLETON, Respondent On Review, v. John Bradley STANDERFER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 5, 1984.

Attorney(s) appearing for the Case

William J. Storie, Pendleton, argued the cause and filed the petition and brief for petitioner on review.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

ROBERTS, Justice.

The question is whether the denial of diversion from criminal prosecution because of a prior uncounseled conviction violates defendant's federal sixth amendment right to counsel.1

Defendant was convicted of driving under the influence of intoxicants (DUII) in 1979. The record indicates that this conviction was entered without the assistance of counsel.2 In late 1982 he was charged...

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