State v. Easter, 241 Or. App. 574

Defendant charged with second-degree theft and interfering with a police officer for stealing a vacuum cleaner from Home Depot.
Court appointed Tibbetts to represent defendant; defendant indicated intent to hire private counsel with funds to be received.
Trial conducted; defendant actively participated, including objections and youthfully challenging procedures; closed argument ultimately waived counsel with court's permission.
Court warned defendant about risks of self-representation and allowed Tibbetts to remain as a legal advisor during closing arguments.
Verdict: defendant convicted on both counts; sentence hearing was scheduled and thereafter delayed multiple times at defendant's request.
Defendant fired Tibbetts before sentencing and sought counsel or a continuance; the court denied the continuance and proceeded to sentencing without defense counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the waiver of counsel at closing know ing and voluntary?	Wyatt/Cole framework; defendant failed to show knowing waiver.	Record shows understanding of right to counsel and dangers of self-representation.	Waiver knowingly and intelligently accepted; valid under both state and federal norms.
Did the trial court abuse its discretion in denying a continuance for new counsel at sentencing?	Court should not allow delays; defendant had ability to obtain private counsel previously.	Needed more time to secure counsel due to ongoing mental health concerns and recent firing of Tibbetts.	No abuse of discretion; denial of continuance affirmed.

State v. Meyrick, 313 Or. 125, 831 P.2d 666 (1992) (knowingly informed waiver requirements for counsel)
State v. Cole, 323 Or. 30, 912 P.2d 907 (1996) (exception for lacking objection to unknowing waiver)
State v. Wyatt, 331 Or. 335, 15 P.3d 22 (2000) (preservation principles for unpreserved errors)
State v. Jackson, 172 Or. App. 414, 19 P.3d 925 (2001) (totality-of-the-circumstances approach to knowing waiver)
State v. Reynolds, 198 P.3d 432 (2009) (prior experience supports knowing waiver; first-hand understanding)
State v. Hug, 186 Or. App. 569, 64 P.3d 1173 (2003) (continuance balancing for right to counsel)
State v. Martinez, 224 Or. App. 588, 198 P.3d 957 (2008) (continuance to obtain counsel considerations)
State v. Cole, 323 Or. 30, 912 P.2d 907 (1996) (exception to preservation for unassessed waiver)