Legal Opinion

State v. Paola

Court of Appeals of Oregon

Decided August 28, 1985No. 43554 S; CA A34777PublishedCited by 1 opinion

1Per curiam

Defendant appeals his conviction, after trial to the court, for driving under the influence of intoxicants. He contends that he did not effectively waive his constitutional and statutory rights to a jury trial. The state concedes that no written jury trial waiver was executed and that the judgment must be reversed. State v. Van Lieu, 48 Or App 671, 617 P2d 914 (1980); State v. Wiik, 31 Or App 571, 570 P2d 1021 (1977), rev den 281 Or 323 (1978).

Reversed and remanded for new trial.

2Cases cited2 opinions

  1. State v. WiikCourt of Appeals of Oregon · 1977
  2. State v. Van LieuCourt of Appeals of Oregon · 1980

3Cited by1 opinion

  1. LaMarche v. State of OregonCourt of Appeals of Oregon · 1986