State v. Carter

Defendant appeals his conviction for harassment, ORS 160.065, asserting that his waiver of the right to counsel was not the product of an intelligent and understanding choice. The record does not show a valid waiver. Therefore, we reverse and remand.

The facts are not in dispute. Defendant was charged with assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065, for allegedly striking his nine year old son. He chose to represent himself at all stages of the proceedings below. He was found not guilty of assault and guilty of harassment and was placed on probation for six months.

At…