State v. Bargas-Perez

Defendant was convicted for delivering cocaine. ORS 475.992(l)(b). The issues on appeal concern the court’s denial of defendant’s request for substituted counsel and his liability as an accomplice for delivery of cocaine. We reverse.

On March 2, 1991, undercover Officer Schmaltz approached defendant and Garcia in front of a store in Salem. He asked Garcia for cocaine. In Spanish, Garcia requested that defendant translate the statement. Schmaltz then asked defendant for cocaine. According to Schmaltz, defendant told him to “see that guy,” indicating Garcia. Schmaltz again asked Garcia for…