State v. Milstead

*660WARREN, J.

Defendant appeals her conviction after trial to the court for driving under the influence of intoxicants. ORS 487.540. She assigns as errors that the trial court (1) heard the case without a jury when there was no written waiver of a jury trial and (2) refused to admit evidence of a. 01 percent breathalyzer test result.

Article I, section 11, of the Oregon Constitution and ORS 136.001 require a written waiver of a jury trial. The state confesses error, acknowledging that no formal, written waiver executed by defendant appears in the trial court file. The conviction must be reversed…