State v. Cordray

Defendant appeals his conviction for prostitution. ORS 167.007. He asserts that his conviction is void because there is no written waiver of a jury trial. He also argues, inter alia, that the trial court erred in overruling his demurrer and in denying his pretrial motion to suppress evidence. We uphold the court’s denial of the demurrer and motion to suppress, but reverse the conviction because there is no written waiver of jury trial.

We first address the lack of a written jury waiver. Consent to be tried without a jury requires an express written waiver under Article I, section 11, of the…