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STATE v. PROVORSE

85122731; CA A45419.

758 P.2d 894 (1988)

92 Or.App. 579

STATE of Oregon, Respondent, v. Allan David PROVORSE, Appellant.

Court of Appeals of Oregon.

Decided August 17, 1988.

Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., DEITS, J., and RIGGS, J. Pro Tem.

PER CURIAM.

Defendant appeals his conviction, after a trial to the court, for the crime of possession of a controlled substance. ORS 475.992(4). He contends that the court erred in not having him execute a written waiver of trial by jury. ORS 136.001; Or. Const., Art. I, § 11. The state concedes error, and we agree. State v. Cullett, 86 Or.App. 219, 738 P.2d 611 (1987).

Reversed...

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