Opinion · Court of Appeals of Oregon

State v. Gert

105 Or. App. 406

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1991-01-23
Topic
litigation

PER CURIAM Defendant was convicted of delivery of a controlled substance under ORS 475.992. Because she did not waive a jury trial in writing, as required by ORS 136.001, we reverse and remand for a new trial. Because the issue will arise on retrial, we have reviewed defendant’s claim that her motion to suppress was erroneously denied. We conclude that the trial court properly denied the motion. Reversed and remanded for a new trial.

Citator

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PER CURIAM

Defendant was convicted of delivery of a controlled substance under ORS 475.992. Because she did not waive a jury trial in writing, as required by ORS 136.001, we reverse and remand for a new trial.

Because the issue will arise on retrial, we have reviewed defendant’s claim that her motion to suppress was erroneously denied. We conclude that the trial court properly denied the motion.

Reversed and remanded for a new trial.