State v. Vest

Defendant appeals her conviction for driving under the influence of intoxicants. ORS 813.010. An indigent, she assigns as error that the court denied her request that it appoint counsel to represent her in the diversion termination hearing that preceded her trial. We vacate the conviction and the order terminating diversion and remand for further proceedings.

Defendant was charged with DUII in October, 1984. At that time, the court appointed counsel to represent her. ORS 135.045; ORS 135.050. She pled not guilty and entered diversion. ORS 813.020. The “offense proceeding” was stayed.1 In…