State v. Rode

*667De MUNIZ, J.

Defendant was charged with attempted assault in the fourth degree and harassment. ORS 163.160(1); ORS 166.065(l)(a)(A). At arraignment, the district attorney elected to try the cases as violations under ORS 161.565(2). Defendant’s motion for a jury trial was denied, and in a trial to the court, he was found guilty on both charges.

ORS 161.656(2) provides:

“Upon appearance of the defendant upon any misdemeanor charge, other than a misdemeanor created under ORS 811.540 and 813.010, before the court asks under ORS 135.020 how the defendant pleads to the charge, the district attorney…