State v. Massey

In this criminal case, defendant represented himself at trial and was convicted of second-degree theft. OES 164.045. On appeal, defendant argues that his conviction should be reversed because he did not knowingly and voluntarily waive his right to counsel. We agree and, therefore, reverse and remand.

The parties agree that Article I, section 11, of the Oregon Constitution, requires that a defendant’s waiver of right to counsel must be made knowingly and that “[a] colloquy on the record between the court and the defendant wherein the court, in some fashion, explains the risks of…