Opinion
87-209; CA A45130
Argued and submitted February 26, 1988
Reversed and remanded for new trial March 30, 1988
Appeal from Circuit Court, Clackamas County.
Alan F. Davis, Judge.
Steven R. Cotton, Gladstone, argued the cause for appellant. With him on the brief was Cotton Gray, Gladstone.
Michael C. Livingston, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reversed and remanded for a new trial.
Defendant appeals his convictions for recklessly endangering another person, ORS 163.195, and unlawful possession of a weapon. ORS 166.250. He contends, and the state concedes, that no written waiver of jury trial was executed by defendant. We agree. Or Const, Art I, § 11; ORS 136.001 (2); State v. Graves, 87 Or. App. 548, 742 P.2d 1200 (1987).
Reversed and remanded for a new trial.