State v. Dennison

VAN HOOMISSEN,

dissenting.

The record in this case satisfies me that on the afternoon defendant appeared in circuit court he had not the foggiest notion why he was there or what was happening to him. Under the circumstances, defendant was denied procedural due process. Floyd v. Motor Vehicles Div., 27 Or App 41, 44, 554 P2d 1024, rev den 276 Or 873 (1976).1 I *945would therefore vacate the trial court’s order and remand for further proceedings.

Defendant appeared in court without counsel. What transpired thereafter speaks for itself:

“THE COURT: State of Oregon, plaintiff, versus Gregory Lewis…