State v. Harrell

Defendant appeals a judgment of conviction for two counts of second-degree assault, assigning error to the trial court’s denial of his right to waive a jury trial under Article I, section 11, of the Oregon Constitution. Because the trial court did not abuse its discretion in denying defendant’s request to waive jury trial, we affirm.

Defendant was charged with multiple counts of assault, attempted assault, and unlawful use of a weapon, and his case was tried to a jury. After the jury had been deliberating for several hours, defendant proffered a written waiver of his right to a jury trial and…