State v. Austin

Defendant appeals a judgment of conviction for reckless driving, ORS 811.140, and driving under the influence of intoxicants (DUII), ORS 813.010.1 Defendant assigns error to the trial court’s refusal to consent to defendant’s selective waiver of a jury trial on the reckless driving charge. Seeking reversal as to both charges, defendant argues that the court’s refusal was a violation of Article I, section 11, of the Oregon Constitution.2 We vacate and remand the judgment as to the conviction for reckless driving so that the trial court may reconsider whether to consent in light of the…