City of Pendleton v. Standerfer

The question is whether the denial of diversion from criminal prosecution because of a prior uncounseled conviction violates defendant’s federal sixth amendment right to counsel.

Defendant was convicted of driving under the influence of intoxicants (DUII) in 1979. The record indicates that this conviction was entered without the assistance of counsel. In late 1982 he was charged with another DUII offense. He petitioned for diversion pursuant to ORS 484.450. The state objected to diversion because of defendant’s prior DUII conviction. The trial court denied the petition for diversion in…