State v. Gaino

Defendant appeals her conviction for driving under the influence of intoxicants (DUII), ORS 813.010, arguing that the trial court erroneously allowed her to proceed without counsel when she petitioned to extend the duration of her diversion program and simultaneously offered a plea of guilty, without the court first determining whether she intelligently and voluntarily relinquished her right to counsel. In addition, defendant asserts that the court erred in denying her motion to reconsider the denial of her petition to extend the diversion agreement. As explained below, we agree with…