Submitted June 7, 2013.
Josephine County Circuit Court. 100161M. Pat Wolke, Judge.
David Robert Mannix filed the opening brief Pro se.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.
Before Duncan, Presiding Judge, and Wollheim, Judge, and Schuman, Senior Judge.
[263 Or.App. 164] SCHUMAN, S. J.
Defendant was convicted of misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010(4). On appeal, he challenges several aspects of the trial that resulted in that conviction. Defendant asserts that the court erred by: (1) " constructively" depriving him of legal counsel; (2) determining that he was not eligible for diversion because
he had a commercial driver's license; (3) failing to dismiss for cause a juror who was engaged to be married to the daughter of the state's main witness, the arresting officer; and (4) polling the jury by asking the foreman whether the jurors' decision was unanimous rather than asking each juror individually. Although defendant's trial may have been far less than perfect, we nonetheless affirm for the reasons that follow.
The relevant facts are not in dispute. A patrol sergeant with the Grants Pass Department of Public Safety saw the car that defendant was driving speeding and drifting onto the centerline. After stopping defendant and interacting with him, the officer noticed signs of alcohol impairment. After administering field sobriety tests, the officer arrested defendant. Approximately one hour later, the results of a breath test showed that defendant had a blood alcohol content of .07 percent, .01 percent below the standard for presumptive intoxication.
After his arraignment, defendant was found to be financially eligible for a court-appointed attorney. Court staff at the Income Verification Office (IVO) found, however, that defendant was financially able to contribute an " application fee" of $20 and a " contribution amount" of $220 towards the cost of court-appointed counsel. The trial court thereafter issued a limited judgment ordering defendant to pay $240 in fees. That limited judgment was issued pursuant to ORS 151.487 (2009), which provided:
" (1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense [263 Or.App. 165] that are related to the provision of appointed counsel, the court shall order the person to pay judgment requiring that the person pay * * * the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person's dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Public Defense Services Commission as provided in subsection (4) of this section.
" * * * * *
" (4) The commission shall promulgate and issue guidelines and procedures:
" (a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs ...