State v. Gray

FILED: May 19, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

MARCUS LAVERN GRAY,

Appellant.

(C97086354; CA A100085)

Appeal from District Court, Malheur County.

J. Burdette Pratt, Judge.

Submitted on record and briefs April 2, 1999.

David E. Groom, Public Defender, and Andrew S. Chilton, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Linder and Brewer, Judges.

PER CURIAM

Reversed and remanded for a new trial.

PER CURIAM

Defendant appeals a judgment of conviction for one count of unlawful possession of a weapon. He assigns error to the trial court's decision to permit him to represent himself at trial without first determining whether he knowingly and intentionally waived his right to representation. The state concedes that the record does not show that defendant knowingly and intentionally waived his right. We accept the concession.

Reversed and remanded for a new trial.