State v. Zaha

Defendant appeals his jury trial conviction of unauthorized use of a vehicle, ORS 164.135, contending that the trial court abused its discretion by denying his motion for a continuance and by not allowing the resignation of defense counsel. Defendant argues that the denial of the two motions prejudiced him by forcing him to stand trial without his chosen counsel. We agree.

Defendant told the court when he was arraigned on March 29, 1979, that he would be represented by attorney David Cargo. Three weeks before trial, about April 25, defendant arranged to have money for a retainer transferred…