State v. Foster

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He contends that the court erred by denying his request for the appointment of counsel. We reverse and remand for a new trial.

At his arraignment, defendant said that he wished to hire an attorney to represent him, and the court set the next appearance far enough in the future to give him time to do so. Defendant was not in custody. He hired an attorney who, before the next scheduled appearance, moved to withdraw as counsel, because defendant had failed to provide funds for investigation. The motion…