Opinion
Z326791; CA A95381
Submitted on record and briefs August 15, 1997
Reversed and remanded for new trial October 22, 1997
Appeal from the District Court, Multnomah County, Thomas L. Moultrie, Judge.
Sally L. Avera, Public Defender, and Walter J. Ledesma, Deputy Public Defender, filed the brief for appellant.
Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, filed the brief for respondent.
Before De Muniz, Presiding Judge, and Deits, Chief Judge, and Haselton, Judge.
PER CURIAM
Reversed and remanded for new trial.
Defendant appeals his conviction for driving under the influence of intoxicants, ORS 813.010, after a trial to the court. He argues that the court erred by trying him without a written waiver of jury. The state concedes that the record contains no written jury waiver and that the judgment must be reversed. State v. Kendall, 96 Or. App. 735, 736, 773 P.2d 1362, rev den 308 Or. 382 (1989). We accept the state's concession.
Reversed and remanded for new trial.