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STATE v. SMAY

D9106908M; CA A72767.

845 P.2d 1294 (1993)

118 Or. App. 31

STATE of Oregon, Respondent, v. Edwin Charles SMAY, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1993.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the brief for appellant.

Katherine H. Waldo, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Defendant appeals his conviction for unlawful possession of a firearm. ORS 166.250. He assigns error to the trial court's denial of his motion to suppress and to his conviction by the court without a written jury waiver. Regardless of our resolution of the first issue, the state concedes, and we agree, that this case must be remanded for a new trial because there was no written jury waiver. State v. Kendall, 96 Or.App. 735

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