Opinion
43554 S; CA A34777
Argued and submitted June 28, 1985.
Reversed and remanded for new trial August 28, 1985.
Appeal from District Court, Clackamas County, Robert L. Mills, Judge.
H. Richard Sause, Portland, argued the cause and filed the brief for appellant.
Douglas F. Zier, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Richardson, Presiding Judge, and Warden and Newman, Judges.
PER CURIAM
Reversed and remanded for new trial.
Defendant appeals his conviction, after trial to the court, for driving under the influence of intoxicants. He contends that he did not effectively waive his constitutional and statutory rights to a jury trial. The state concedes that no written jury trial waiver was executed and that the judgment must be reversed. State v. Van Lieu, 48 Or. App. 671, 617 P.2d 914 (1980); State v. Wiik, 31 Or. App. 571, 570 P.2d 1021 (1977), rev den 281 Or. 323 (1978).
Reversed and remanded for new trial.