State v. Huntley

Defendant appeals his conviction for driving while suspended, ORS 811.175, contending that it should be reversed because the trial court record does not contain a written waiver of jury trial.

Immediately before trial began, the court said:

“Be seated. Okay. This is State versus Huntley.

“I understand you are waiving jury. Do you have a written waiver?

“[DEFENSE COUNSEL]: Unfortunately not, Your Honor. I can have one to you over the noon lunch break. I can get one from Mr. Powers’ office. My — that’s my error.

“THE COURT: Okay.”

There is no written jury trial waiver in the record.

The state argues…