STATE v. GERT, 105 Or. App. 406 (1991)

803 P.2d 785

STATE OF OREGON, Respondent, v. RUTH YVONNE GERT, Appellant.

C89-08-34058; CA A63118Oregon Court of Appeals.Argued and submitted December 21, 1990,
Reversed and remanded for new trial January 23, 1991. Reconsideration denied May 1, 1991. Petition for review denied May 28, 1991 (311 Or. 427)

Appeal from Circuit Court, Multnomah County, Joseph F. Ceniceros, Judge pro tempore.

Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, 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 Warren, Presiding Judge, and Riggs and Edmonds, Judges.

PER CURIAM

Reversed and remanded for new trial.

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PER CURIAM

Defendant was convicted of delivery of a controlled substance under ORS 475.992. Because she did not waive a jury trial in writing, as required by ORS 136.001, we reverse and remand for a new trial.

Because the issue will arise on retrial, we have reviewed defendant’s claim that her motion to suppress was erroneously denied. We conclude that the trial court properly denied the motion.

Reversed and remanded for a new trial.

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