State v. McBride

In a trial to the court, defendant was convicted of unlawful possession of firearms. We reverse and remand.

Defendant raises several assignments of error. Because it is dispositive, we address only his assignment that the trial court erred in trying the case without first determining whether defendant had waived his right to a jury trial.

Defendant correctly observes that there is no evidence in the record that he executed a written waiver. Article I, section 11, of the Oregon Constitution and ORS 136.001 require a written waiver of a defendant’s right to a jury trial. State v. McDaniel, 96 Or…