State v. House

The state appeals from a judgment imposing a downward departure sentence under the sentencing guidelines on a manslaughter conviction that was subject to the mandatory minimum sentencing requirements of Measure 11. Defendant cross-appeals, arguing that the trial court erred in granting the state’s demand for a jury trial and also erred when it allowed evidence of her prior uncharged misconduct. We agree that the trial court erred in refusing to accept defendant’s waiver of a jury trial and reverse and remand.

Defendant was charged with intentional murder with a firearm, ORS IfiS.llSClXa),1…