State v. Lutz

VAN HOOMISSEN, J., pro tempore.

Defendant appeals his convictions for harassment and sexual abuse in the first degree. ORS 166.065,163.425. He contends that the trial court abused its discretion in discharging a juror and committed an error of law in continuing his trial with only 11 jurors. The Court of Appeals held that he waived any objection to the discharge. However, it vacated his conviction and remanded the case to the trial court to determine whether he had consented to be tried by an 11-person jury. State v. Lutz, 90 Or App 247, 752 P2d 845 (1988). The dispositive issue is whether the…