Opinion
CR6-1802-20; CA A42878
Submitted on record and briefs August 4, 1987.
Reversed and remanded for new trial September 30, 1987.
Appeal from District Court, Deschutes County, Edward L. Perkins, Judge.
Carl W. Hopp, Jr., Bend, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Thomas H. Denney, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reversed and remanded for a new trial.
Defendant appeals his convictions for assault on a public safety officer, ORS 163.208, and harassment. ORS 166.065. Trial was to the court, without a jury. The sole claim of error is that defendant did not execute a written waiver of trial by jury as required by ORS 136.001 and Article I, section 11, of the Oregon Constitution. The state concedes that the court erred, and we agree. State v. Cullett, 86 Or. App. 219, 738 P.2d 611 (1987); State v. Van Lieu, 48 Or. App. 671, 617 P.2d 914 (1980).
Reversed and remanded for a new trial.