STATE OF OREGON v. MICHAEL A. STOKES, 91 Or. App. 520 (1988)

756 P.2d 56

STATE OF OREGON, Respondent, v. MICHAEL A. STOKES, Appellant.

C87-02-31073; CA A45638Oregon Court of Appeals.Submitted on record and briefs May 27, 1988
Reversed and remanded for new trial June 15, 1988

Appeal from Circuit Court, Multnomah County.

Robert P. Jones, Judge.

Gary D. Babcock, Public Defender, Salem, argued the cause for appellant. With him on the brief was Lawrence J. Hall, Deputy Public Defender, Salem.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Stephanie Smythe, Assistant Attorney General, Salem, filed the brief for respondent.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Reversed and remanded for new trial.

Page 521

PER CURIAM

Defendant appeals his conviction for driving while suspended, contending that he was tried by the court without a jury without his having signed and filed a written waiver of his right to a jury trial. The state properly concedes error State v. Milstead, 57 Or. App. 658, 656 P.2d 63, rev den 293 Or. 483
(1982).

Reversed and remanded for a new trial.

Page 522