State v. Edgtton

Under State v. Hightower, 361 Or 412, 393 P3d 224 (2017), the court must make a record reflecting the competing interests of a defendant and the court before denying a defendant’s request to proceed pro se.

Defendant entered a guilty plea for promoting prostitution and commercial sexual solicitation, and appealed the sentence of 29 months imprisonment with 36 months supervision post-prison. Defendant assigned error to the trial court’s denial of a request to proceed pro se during sentencing. Defendant argued that he should be resentenced due to this error. The state agrees that the trial court erred. At the sentencing hearing, Under State v. Hightower, 361 Or 412, 393 P3d 224 (2017), the court must make a record reflecting the competing interests of a defendant and the court before denying a defendant’s request to proceed pro se. The constitutional right to self-representation may be denied after a trial has commenced, if the “court’s interest in ensuring an orderly and expeditious trial” outweighs the interests of a defendant. But the court must “make a record that reflects how it exercised that discretion.” Remanded for resentencing; otherwise affirmed.