State v. Valencia
783 P.2d 51, 99 Or. App. 589, 1989 Ore. App. LEXIS 1959
Court of Appeals of Oregon·Decided December 6, 1989·No. 88C 21678; CA A51197·Published·Cited by 1 cases
Opinion
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.
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State v. Valencia, 783 P.2d 51, 99 Or. App. 589, 1989 Ore. App. LEXIS 1959 (Or. Ct. App. 1989).
783 P.2d 51 (State v. Valencia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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