State v. Valencia

Defendant appeals his conviction on stipulated facts for assault in the second degree. He was tried to the court without a jury. There is nothing in the record to show that a written waiver of the right to jury trial was executed by appellant. Or Const, Art I, § 11; State v. Milstead, 57 Or App 658, 646 P2d 63, rev den 293 Or 483 (1982). The state concedes that the court improperly allowed a trial without a jury.

Reversed and remanded for a new trial.