Opinion
C9003-31324; CA A65608
Argued and submitted May 24, 1991
Reversed and remanded July 3, 1991
Appeal from Circuit Court, Multnomah County.
Ellen F. Rosenblum, Judge.
Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.
Jonathan H. Fussner, 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 Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Reversed and remanded for new trial.
Defendant seeks reversal of his conviction, after trial to the court, for possession of a controlled substance. ORS 475.992. The state concedes that the record does not show that defendant executed a written waiver of his right to jury trial, Or Const, Art I, § 11; State v. Valencia, 99 Or. App. 589, 783 P.2d 51 (1989), so defendant's conviction must be reversed.
Reversed and remanded for a new trial.