State v. Fuller

Like the defendant in State v. Benoit, 354 Or 302, 311 P3d 874 (2013), also decided today, defendant in this case was arrested and incarcerated on misdemeanor charges that the state later reduced to violations under ORS ÍSINSGO). The issue is whether the prosecutor’s election to treat the offenses as violations precluded defendant from asserting her right to a jury trial and other protections under Article I, section 11, of the Oregon Constitution. Consistently with our decision in Benoit, we conclude that the circuit court erred in rejecting defendant’s demand for those protections and that…