State v. McCabe

Defendant appeals his convictions for possession and delivery of a controlled substance. ORS 475.992(4); ORS 475.992(1). He argues that the court erred by denying his request for appointment of different counsel.1 We reverse.

Defendant was charged with possession and delivery of a controlled substance. Counsel was appointed for him, and he pled not guilty. Before trial, defendant wrote a letter asking the court to appoint different counsel. On February 17, 1989, the court held a hearing on defendant’s request, without his counsel being present. Only part of that hearing is reported, but the…