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STATE v. BAKER

(CC CR980-1016; SC S45664)

976 P.2d 1132 (1999)

328 Or. 355

STATE of Oregon, Plaintiff-Relator, v. Toni Jean BAKER, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided April 1, 1999.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for plaintiff-relator. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for defendant-adverse party. With him on the brief were David E. Groom, State Public Defender, Jesse Wm. Barton and Robin A. Jones, Deputy Public Defenders.

GILLETTE, J.

This original mandamus proceeding1 presents the question whether ORS 136.001(1), which purports to grant to the state the right in criminal prosecutions to insist on a jury trial, even if the defendant chooses to waive such a trial, is constitutional. We hold that the statute violates Article I, section 11, of the Oregon Constitution.

This proceeding arises out of a criminal case in which defendant-adverse party Toni...

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