State v. Heaps

Defendant appeals his conviction for assaulting a public safety officer. ORS 163.208. He contends, inter alia, that the trial court erred in denying his request for a second appointed counsel after he had a disagreement with his first appointed counsel. The issue is whether the trial court failed to exercise its discretion and, therefore, committed error in denying defendant’s request for substitute counsel. We reverse.

Defendant, an indigent, was arrested in October, 1986. Counsel was appointed and trial was set for December 6. Thereafter, a conflict developed between defendant and his…