City of Lake Oswego v. Stafford

Defendant’s appeal from his conviction for driving under the influence of intoxicants (DUII) presents a variation on a recurring issue in criminal cases: whether the trial court was required to determine that defendant, who appeared pro se on the day of trial, knowingly and intelligently waived his right to counsel. Because we conclude that the trial court erred in failing to make the necessary determination, we reverse and remand.

While represented by retained counsel, defendant was prosecuted and convicted of DUII in municipal court. In May 1997, defendant appealed his conviction to circuit…