City of Klamath Falls v. Bailey

THORNTON, J.,

specially concurring.

I agree with the majority’s conclusion that reversal would be required because the circuit court did not afford defendant a trial de novo on the contested findings on which the municipal court’s order was purportedly based. However, I would not reach this issue for the following reason: Defendant was denied his right to counsel in municipal court at the time of sentence. Therefore, his sentence for contempt was a complete nullity in my view.

Defendant was charged in the Municipal Court of *337íe City of Klamath Falls with failing to stop at a stop gn. At 8:30 a.m.…