State v. Stewart

Defendant appeals convictions for 11 crimes arising out of domestic violence against his partner and her son. On appeal, defendant raises two assignments of error. First, defendant asserts that the trial court erred in denying his motion to vacate his waiver of his right to a jury trial. He argues that his waiver was not “intelligently, knowingly, and voluntarily made” because he was not informed that, if he waived his right to a jury trial, he would also be giving up any ability to move for a new trial. Second, defendant contends that the Oregon Constitution requires the state to plead…