State v. Harper

Defendant seeks reversal of his conviction for driving under the influence of intoxicants, ORS 487.540, on the ground that the trial court abused its discretion in not granting a postponement so that defendant’s counsel could prepare for trial. We reverse.

Defendant was cited for DUII on September 15,1985. The record does not indicate whether he was arraigned. On October 3, 1985, his retained counsel notified the clerk of the court that he was representing defendant and also entered a plea of not guilty on defendant’s behalf. At the same time, he filed a demand for discovery. On October 8, the…