State v. Rogers

In a trial to the court, defendant was convicted of reckless driving, a Class A misdemeanor, and the lesser included offense of careless driving, a Class B traffic infraction. On appeal, the state concedes that defendant is entitled to a reversal of both convictions.

Regarding the reckless driving conviction, the state acknowledges that no formal, written waiver of defendant’s right to a jury trial, signed by him, appears in the trial court file, as required by Article I, section 11, of the Oregon Constitution, and ORS 136.001. Regarding the careless driving conviction, the court erred in…