State v. Gilbert

Defendant, who was convicted, following a bench trial, of resisting arrest, ORS 162.315, and giving false information to a peace officer for service of an arrest warrant, ORS 162.385, appeals. He contends, in part, that the trial court committed a reversible “error of law apparent on the record,” ORAP 5.45(1), in trying and convicting him without a knowing and voluntary written waiver of trial by jury. See, e.g., State v. Barber, 343 Or 525, 530, 173 P3d 827 (2007); State v. Lemon, 162 Or App 640, 643, 986 P2d 705 (1999). We agree that the trial court so erred and, consequently, reverse and…