State v. Haines

Defendant appeals his judgment of conviction for five counts of identity theft, ORS 165.800. For part of his sentencing hearing, defendant was not represented by counsel, and he argues that his waiver of his right to counsel was invalid because it was not voluntarily and knowingly made, thus violating Article I, section 11, of the Oregon Constitution.1 Reviewing the validity of defendant’s waiver of the right to counsel as a legal question in light of the circumstances of his particular case, State v. Erb, 256 Or App 416, 420, 300 P3d 270 (2013), we conclude that the record is insufficient to…