State v. Hickey

Defendant appeals his conviction for assault in the second degree. ORS 163.175. He asserts that the court erred when it denied his motion for a continuance that he made on the day of trial. We agree and reverse and remand for a new trial.

On June 8,1984, defendant was arraigned. The court determined that he was indigent and appointed a member of the Multnomah County Public Defender’s Office as his counsel. While attempting to negotiate a “plea bargain,” the parties jointly requested and obtained two continuances from the court. The negotiations, however, failed to produce an agreement, and the…