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STATE v. SMITH

C991426CR; CA A110289; SC S51233.

123 P.3d 261 (2005)

339 Or. 515

STATE of Oregon, Respondent on Review, v. Rocky Devon SMITH, Petitioner on Review.

Supreme Court of Oregon.

Decided November 18, 2005.

Attorney(s) appearing for the Case

Eric M. Cumfer, Senior Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.

BALMER, J.

This criminal case requires us to examine the scope of a trial court's obligation when a defendant requests that the court appoint new counsel because the defendant is dissatisfied with his existing appointed counsel. Here, defendant told the court on the day of trial that he was dissatisfied with his appointed counsel and counsel's preparation of defendant's case. The trial court listened to defendant's complaints...

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