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STATE v. LOPEZ-LOAIZA

89-10-35577; CA A64126.

812 P.2d 1 (1991)

STATE of Oregon, Respondent, v. Eladio LOPEZ-LOAIZA, Aka David Thomas Hernandez, Appellant.

Court of Appeals of Oregon.

Decided May 22, 1991.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Klapstein, 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., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction, in a trial to the court, for delivery of a controlled substance. ORS 475.992. His sole claim of error is that:

"ORS 136.001 prohibits trial to the court absent defendant's execution of a written waiver of his right to jury trial. Since no written waiver appears in the trial court file in the instant case, defendant's conviction should be reversed."

We affirm.

The failure of a...

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