State v. BETANCOURT-ORTEGA

Defendant appeals a judgment of conviction for one count of delivery of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005), one count of unlawful possession of a firearm, ORS 166.250, and two counts of endangering the welfare of a minor, ORS 163.575. He was tried on stipulated facts without objection, but without a written waiver of his right to a jury trial. On appeal, he argues that the trial court committed plain error when it conducted the stipulated facts trial without first having defendant sign a written jury waiver. The state concedes that the trial…