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PER CURIAM Defendant appeals his conviction on stipulated facts for assault in the second degree. He was tried to the court without a jury. There is nothing in the record to show that a written waiver of the right to jury trial was executed by appellant. Or Const, Art I, § 11; State v. Milstead, 57 Or App 658, 646 P2d 63, rev den 293 Or 483 (1982). The state concedes that the court improperly allowed a trial without a jury.
Reversed and remanded for a new trial.
Document Info
Docket Number: 88C 21678; CA A51197
Citation Numbers: 99 Or. App. 589, 783 P.2d 51
Judges: Deits, Joseph, Newman
Filed Date: 12/6/1989
Precedential Status: Precedential
Modified Date: 7/24/2022