State v. Herrington

Defendant appeals a judgment convicting him of delivery of methamphetamine, ORS 475.890 (Count 1), and unlawful possession of methamphetamine, ORS 475.894 (Count 2). On appeal, defendant advances two assignments of error. First, he asserts that the trial court plainly erred when it conducted a bench trial without a written jury waiver from defendant. Second, defendant claims that the trial court erred when it refused to merge Counts 1 and 2 into a single conviction for unlawful delivery of methamphetamine. We agree that the trial court plainly erred in conducting a bench trial without a…