Opinion · Orlaw Oregon

STATE v. SPANGENBERG, 58 Or. App. 525 (1982)

648 P.2d 1362

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1982-08-11
Topic
general

STATE v. SPANGENBERG, 58 Or. App. 525 (1982) 648 P.2d 1362 STATE OF OREGON, Respondent, v. WILBUR PERCY SPANGENBERG, Appellant.(Cases consolidated) Nos. 12970 14053, CA A23463 A23464Oregon Court of Appeals.Submitted on record and briefs June 14, 1982. Reversed and remanded for a new trial August 11, 1982.

Citator

UpLaw has not yet analyzed STATE v. SPANGENBERG, 58 Or. App. 525 (1982). The absence of a flag is not a finding that it is good law.

STATE v. SPANGENBERG,58 Or. App. 525(1982)
648 P.2d 1362
STATE OF OREGON,Respondent,v. WILBUR PERCY SPANGENBERG,Appellant.
(Cases consolidated)
Nos. 12970 14053, CA A23463 A23464
Oregon Court of Appeals.
Submitted on record and briefs June 14, 1982.
Reversed and remanded for a new trial August 11, 1982.
Appeal from District Court, Morrow and Umatilla Counties, Ralph Currin, Judge.
Gary R. Luisi, Hermiston, filed the brief for appellant.

Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and Stephen F. Peifer, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Thornton and Van Hoomissen, Judges.
PER CURIAM.

Reversed and remanded for a new trial.Page 526
PER CURIAM.
Defendant appeals his convictions for violation of ORS481.305and481.990(1) after trial to the court. He contends the court erred in holding a trial without a jury because he did not waive his right to a jury trial as required by Oregon Constitution, Article I, section 11 and ORS136.001. The state concedes error. We agree.

Reversed and remanded for a new trial.Page 527