State v. Raygoza

Defendant was convicted of driving while suspended. ORS 811.175. He appeals, assigning as error the trial court’s denial of his motion to suppress and its having conducted a trial without a valid waiver of a jury. We reverse and remand.

Some time after 1:00 a.m. on February 27,1987, Deputy Sheriff Peterson noticed defendant and a passenger sitting in a parked car. The car was parked two to three feet from the curb in a mixed residential and commercial area. Its parking lights were on. Peterson drove around the block, drove up behind the car, at some point activated his overhead lights,…