State v. Akers

Defendant was found guilty of possession of a controlled substance, former ORS 475.992(4) (2003), renumbered as ORS 475.840(3) (2005), following a stipulated facts trial. He appeals, contending that the trial court erred in conducting the trial without a valid written waiver of his right to a jury trial. He concedes that he did not preserve the issue, but asks that we address it as plain error. We conclude that, on the facts of this case, the error, if any, is not plain and therefore affirm.

The relevant facts are not in dispute. Defendant was charged with possession of a Schedule II…