State v. Cole

Police seized a firearm from an automobile in which defendant was a passenger and the state charged him under ORS 166.270 with being a felon in possession of a firearm. At arraignment, defendant, who is not a lawyer, appeared without counsel and stated that he would represent himself. The arraignment court gave no advice concerning the right to counsel or the perils of representing oneself. The court appointed an unnamed lawyer, who was present in the courtroom, to “fill in” as defendant’s counsel during arraignment only.

Defendant later moved to suppress the firearm, and represented himself…