State v. Darrien

• Decision Date: 08 September 1972
• Parties: STATE of Oregon, Respondent, v. Randall M. DARRIEN, Appellant.
• Court: Oregon Court of Appeals

Page 738

500 P.2d 738

10 Or.App. 489

STATE of Oregon, Respondent, v. Randall M. DARRIEN, Appellant.

Court of Appeals of Oregon, Department 1.

Argued and Submitted Aug. 21, 1972.

Decided Sept. 8, 1972.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John H. Clough, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

PER CURIAM.

Defendant was convicted of being an exconvict in possession of a concealable firearm and he appeals. He assigns as error the admission in evidence of a statement made to an officer when defendant was in Rocky Butte jail because defendant was not properly advised of his Miranda ¹ rights. The statement involved an admission by defendant to the officer of possession of a firearm.

Defendant was not advised of his right to counsel at public expense nor was he shown to have independent knowledge thereof, so this case is reversed on the authority of Harris v. Cupp, 6 Or.App. 400, 487 P.2d 1402 (1971), Sup.Ct. review denied (1972). See also Schram v. Cupp, 436 F.2d 692, 693 (9th Cir. 1970).

Reversed and remanded.

1 Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966).