State v. Cervantes-Oropeza

Defendant appeals his conviction, after a guilty plea, for felony driving under the influence of intoxicants. ORS 813.010(5). Defendant argues that the sentencing court erred by utilizing three of his six prior misdemeanor DUII convictions to increase his criminal history score because, he asserts, the challenged convictions were constitutionally invalid in that the state failed to prove that he executed written jury waivers in those cases.1 We affirm.

In February 2005, defendant was arrested for DUII. Defendant pleaded guilty and, at sentencing, the state presented evidence that defendant…