State v. Addicks

• Decision Date: 30 May 1978
• Citation: 34 Or.App. 557,579 P.2d 289
• Parties: STATE of Oregon, Respondent, v. Roderick Raymond ADDICKS, Appellant.
• Court: Oregon Court of Appeals

Page 289

579 P.2d 289

34 Or.App. 557

STATE of Oregon, Respondent, v. Roderick Raymond ADDICKS, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 21, 1978.

Decided May 30, 1978.

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C. J., and THORNTON, TANZER and BUTTLER, JJ.

TANZER, Judge.

This case is here for the second time. Previously, we remanded defendant's convictions of arson and theft because the trial court admitted certain photographs into evidence without inquiring into whether they had been disclosed to defendant, despite defendant's objection that pretrial discovery requirements had not been met, and because the trial court's judgment erroneously imposed a separate, additional sentence under the dangerous offender provisions of ORS 161.725. State v. Addicks, 28 Or.App. 663, 560 P.2d 1095 (1977).

On remand, the trial court held an extensive hearing to determine whether the state had complied with the pretrial discovery statutes, ORS 135.805 to 135.815. It concluded that there had been substantial compliance, and it amended its judgment order to conform to its previous oral order which sentenced defendant to an enhanced penalty of 30 years imprisonment on the arson conviction.

Defendant's first assignment of error is that the trial court erred in finding that the state complied with pretrial discovery requirements. We summarize the trial court's detailed findings. Defendant elected to represent himself at his trial for arson and theft. The court appointed a lawyer to serve as his legal adviser and a private investigator to assist him in preparing his defense. The trial court found that all trial exhibits, including the photographs, were available to the lawyer and the investigator, but that neither person had asked to inspect them although the lawyer was aware of his right to do so. Defendant requested that all evidence be delivered to him at the jail, but the district attorney declined to do so on the ground that he had no such responsibility. Defendant did not ask to be transported to the district attorney's office or the courthouse to examine the evidence, although such a request would have been granted. Nor did defendant ask to inspect the photographs on the morning of trial when they were brought to the court clerk's desk.

These findings are supported by substantial evidence in the record and we are bound by them. Ball v. Gladden, 250 Or. 485, 487, 443 P.2d 621 (1968). Whether these facts show compliance with pretrial discovery statutes is a question of law. Miotke v. Gladden, 250 Or. 466, 468, 443 P.2d 617 (1968).

Discovery is controlled by statute. ORS 135.815(4)(a) requires the district attorney to "disclose to the defendant the following material and information within his possession or control: * * *

"(4) Any books, papers, documents, photographs or tangible objects:

"(a) Which the district attorney intends to offer in evidence at the trial * * *."

For purposes of these statutes, to " 'disclose' means to afford the adverse party an opportunity to inspect or copy the material." ORS 135.805(2). Thus, the question is whether the district attorney afforded defendant an opportunity to inspect the photographs.

The constitutional right to counsel embodies a practical recognition that most defendants lack certain skills and capabilities which are desirable for litigation and which are best furnished by attorneys. A defendant who represents himself and waives his right to couns...