STATE v. CULLETT

J84-0971; CA A40881.

738 P.2d 611 (1987)

86 Or.App. 219

STATE of Oregon, Respondent, v. Frank Gene CULLETT, Jr., Appellant.

Court of Appeals of Oregon.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


PER CURIAM.

Defendant seeks reversal of his conviction for theft in the first degree, contending that he was tried without a jury and that there is neither a written waiver of his right to a jury trial, ORS 136.001, nor a recorded oral waiver of a jury trial.

The state concedes that there is no written waiver in the trial court file and that there is no record of an oral waiver in the transcription by the court reporter. Accordingly, defendant is entitled...

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