Opinion
88-2241A-C-1; CA A50604
Argued and submitted August 25, 1989
Reversed and remanded for new trial October 25, 1989
Appeal from Circuit Court, Jackson County.
L.A. Merryman, Judge.
Steven V. Humber, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the briefs were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded for new trial.
Defendant appeals his conviction for possession of a controlled substance following a stipulated facts trial to the court, contending that, because the record contains no written waiver of his right to trial by jury, his conviction cannot stand. Defendant is correct. State v. Kendall, 96 Or. App. 735, 773 P.2d 1362, rev den 308 Or. 382 (1989); State v. McDaniel, 96 Or. App. 337, 772 P.2d 951, rev den 308 Or. 382 (1989).
Reversed and remanded for new trial.