State v. Valencia

Court of Appeals of Oregon

State v. Valencia

783 P.2d 51, 99 Or. App. 589, 1989 Ore. App. LEXIS 1959

CourtCourt of Appeals of Oregon

DecidedDecember 6, 1989

Docket88C 21678; CA A51197

StatusPublished

Cited by1 cases

This text of 783 P.2d 51 (State v. Valencia) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Valencia, 783 P.2d 51, 99 Or. App. 589, 1989 Ore. App. LEXIS 1959 (Or. Ct. App. 1989).

Pincite

Opinion

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.

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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.

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Bluebook (online)

783 P.2d 51, 99 Or. App. 589, 1989 Ore. App. LEXIS 1959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-valencia-orctapp-1989.

Opinion

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