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STATE v. McGILL

91-CR-0014-33; CA A70645.

836 P.2d 1371 (1992)

115 Or. App. 122

STATE of Oregon, Respondent, v. Melvin Victor McGILL, Appellant.

Court of Appeals of Oregon.

Decided September 9, 1992.

Attorney(s) appearing for the Case

James W. Laws, Madras, argued the cause for appellant. With him on the brief was Shepard & Laws, Madras.

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 RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for criminal possession of rented property. ORS 164.140(1)(a).1 In his fourth assignment of error, he contends that, because there is no written waiver of jury trial, under Article I, section 11, of the Oregon Constitution he is entitled to a new trial. The state concedes the error, and we accept that concession.

Defendant is a tribal Indian who lives on the Warm Springs...

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