State v. Paola

704 P.2d 550, 75 Or. App. 128, 1985 Ore. App. LEXIS 3830

Opinion

PER CURIAM

Defendant appeals his conviction, after trial to the court, for driving under the influence of intoxicants. He contends that he did not effectively waive his constitutional and statutory rights to a jury trial. The state concedes that no written jury trial waiver was executed and that the judgment must be reversed. State v. Van Lieu, 48 Or App 671, 617 P2d 914 (1980); State v. Wiik, 31 Or App 571, 570 P2d 1021 (1977), rev den 281 Or 323 (1978).

Reversed and remanded for new trial.