STATE v. MILLER, 43 Or. App. 697 (1979)

603 P.2d 784

STATE OF OREGON, Respondent, v. JOHN M. MILLER, Appellant.

No. 79-224-C, CA 15074Oregon Court of Appeals.Submitted on appellant’s brief November 29, 1979
Reversed and remanded for a new trial December 17, 1979

Appeal from District Court, Jackson County.

L. A. Merryman, Judge.

John M. Miller, Medford, filed the brief for appellant.

James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Jan P. Londahl, Assistant Attorney General, Salem, appeared for respondent.

Before Joseph, Presiding Judge, and Lee and Richardson, Judges.

PER CURIAM

Reversed and remanded for a new trial.

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PER CURIAM

The state concedes that because there was no written waiver of defendant’s right to a trial by jury, the judgment must be reversed and the case remanded for a new trial. Or Const, Art I, § 11; ORS 136.001; State v. Wiik, 31 Or. App. 571, 570 P.2d 1021 (1977).

Reversed and remanded for a new trial.

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