State v. Irby

Defendant appeals from court convictions and sentences for first degree rape, ORS 163.375, and for bribing a witness, ORS 162.265. Defendant with clear understanding of his rights and in proper form waived jury trial on both charges and requested court trial, which was granted. The prosecutor had, at that point, already announced that the rape and the bribery charges would be tried "sequentially.” We consider only one allegation of error worthy of consideration by written opinion, relating to the judge’s refusal to allow withdrawal of the waiver of jury trial on the second charge.

In his…