State v. Barber

Following a trial to the court, defendant was convicted of burglary in the second degree, ORS 164.215, and theft in the third degree, ORS 164.043. He assigns error to, among other rulings, the trial court’s denial of his motion to suppress evidence of his DNA and the trial court’s failure to obtain a written jury waiver. For the reasons discussed below, we affirm.

As part of a prior judgment of conviction, defendant was ordered to give a DNA sample in July 2002. That sample was later used to identify him as the person who had committed a burglary and theft in 2001 that led to the charges in…