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STATE v. SPANGENBERG

Nos. 12970, 14053; CA A23463, A23464.

648 P.2d 1362 (1982)

58 Or.App. 525

STATE of Oregon, Respondent, v. Wilbur Percy SPANGENBERG, Appellant.

Court of Appeals of Oregon.

Decided August 11, 1982.

Attorney(s) appearing for the Case

Gary R. Luisi, Hermiston, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Stephen F. Peifer, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

PER CURIAM.

Defendant appeals his convictions for violation of ORS 481.305 and 481.990(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 ORS 136.001. The state concedes error. We agree.

Reversed and remanded for...

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