State v. Netzler

Under ORS 138.694, “the court shall grant the petition for appointment of counsel if a defendant has complied with ORS 138.964(1) and if it appears to the court that the defendant is financially unable to employ suitable counsel.

Defendant appealed the trial court’s denial of his petition for appointment of counsel at state expense. Defendant made the petition in order to have counsel assist him in determining whether to request DNA testing. The Court previously remanded for reconsideration and the trial court again denied the petition. ORS 138.694 requires that a trail court grant a petition for appointment of counsel if certain statutory requirements are met and it appears that the defendant is financially unable to employ counsel. Defendant met the requirements of ORS 138.694 and the State conceded that the trial court erred in denying the petition. The trial court erroneously began to evaluate the credibility of Defendant’s reasons for making the petition in determining whether to grant the petition. Reversed and remanded.