State v. Smay

Defendant appeals his conviction for unlawful possession of a firearm. ORS 166.250. He assigns error to the trial court’s denial of his motion to suppress and to his conviction by the court without a written jury waiver. Regardless of our resolution of the first issue, the state concedes, and we agree, that this case must be remanded for a new trial because there was no written jury waiver. State v. Kendall, 96 Or App 735, 773 P2d 1362, rev den 308 Or 382 (1989). We address the denial of defendant’s motion to suppress the handgun seized from him, because it is likely to arise again on retrial.