State v. Smith

Defendant was convicted by the court, on stipulated facts, of three counts of using a child in a display of sexually explicit conduct, three counts of first-degree encouraging child sexual abuse, and one count of second-degree sodomy. On appeal, defendant argues that, under Article I, section 11, of the Oregon Constitution, the court plainly erred in proceeding with the stipulated facts trial without a written waiver of the right to a jury trial. State v. Barber, 343 Or 525, 530, 173 P3d 827 (2007) (“There is no waiver of a jury trial unless that waiver is in writing and, without a waiver,…