State v. Reed, 247 Or. App. 155

Defendant Reed, age 18, pleaded guilty in 2008 to contributing to the sexual delinquency of a minor and received 18 months' formal probation with conditions.
Probation included a financial obligation and a sex offender treatment requirement; sentence suspended.
In 2008 and 2009, Reed stipulated probation violations and probation was continued with additional conditions.
August 2009 hearing extended probation to September 2011; Reed appeared without counsel.
September 2009 hearings again occurred without counsel; Reed elected to represent himself after a colloquy with the court.
Trial court extended probation to September 2011 to allow completion of treatment; Reed appeals alleging invalid waiver of right to counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Reed knowingly waived counsel at the probation hearing	State argues totality of circumstances shows knowing waiver due to prior counsel and self-representation context	Reed contends the record lacks proof he understood risks of self-representation because no risks were explained	Waiver not shown as knowing; reversal ordered

State v. Meyrick, 313 Or. 125 (1992) (waiver of counsel requires knowing voluntary relinquishment)
State v. Howard, 172 Or. App. 546 (2001) (waiver standards for counsel)
State v. Easter, 241 Or. App. 574 (2011) (totality of circumstances can show knowing waiver despite minimal warnings)
State v. Reynolds, 198 P.3d 432 (2008) (prior experience supports knowing waiver)
State ex rel Russell v. Jones, 293 Or. 312 (1982) (probation hearings are a critical stage with right to counsel)
State v. Phillips, 235 Or. App. 646 (2010) (record shows lack of awareness of right to counsel at restitution hearing)