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State v. C. S.

Summarized by: 

Date Filed: 09-26-2012
Case #: A146043
Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A146043.pdf

Appellate Procedure: An issue cannot be raised on appeal that was not preserved at the trial court. Additionally, if an error is reasonably in dispute, it cannot be plain error on the face of the record.

Defendant, a youth, appealed her admission of committing theft. She argues that the trial court violated her right to counsel because Defendant, 13 years old, admitted to theft of a gym bag without the presence of counsel and was unable to "voluntarily, knowingly and intelligently" waive her right to have counsel. The State responded that Defendant failed to preserve the issue for appeal when she made a motion to withdraw the admission, because at trial she argued a different basis for withdrawal of her admission, other than her waiver of counsel. The Court of Appeals agreed with the State, holding that Defendant failed to preserve the error for appeal. Further, Defendant argued that her waiver of counsel was plain error on the face of the record. The Court held that the error is reasonably in dispute, and therefore cannot be plain error. Affirmed.