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LaMARCHE v. STATE OF OREGON

44050; CA A36479.

725 P.2d 378 (1986)

81 Or. App. 216

Eugene Francis LaMARCHE, Respondent, v. STATE of Oregon and City of Corvallis, Appellants, Department of Transportation, Motor Vehicles Division and Department of State Police, Defendants.

Court of Appeals of Oregon.

Decided September 10, 1986.

Reconsideration Denied October 31, 1986.

Review Denied November 20, 1986.

Attorney(s) appearing for the Case

Christine Jensen, Certified Law Student, Corvallis, argued the cause for appellants. With her on the brief were Richard D. Rodeman and Laurie G. McAdam, Corvallis.

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

The City of Corvallis and the State of Oregon appeal from a circuit court judgment granting respondent LaMarche's petition for post-conviction relief. The court held that his May 18, 1978, DUII conviction for violation of a city ordinance is invalid, because his waiver of a jury trial was not obtained in writing. It ordered that the conviction be set aside and that all references to it in the Motor Vehicles Division and Bureau of Criminal...

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