STATE v. BARBER

CR030271; A124761.

147 P.3d 915 (2006)

209 Or. App. 262

STATE of Oregon, Respondent, v. Richard Edward BARBER, Appellant.

Court of Appeals of Oregon.

Decided November 15, 2006.


Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Benjamin R. Hartman, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.


EDMONDS, P.J.

Following a trial to the court, defendant was convicted of burglary in the second degree, ORS 164.215, and theft in the third degree, ORS 164.043. He assigns error to, among other rulings, the trial court's denial of his motion to suppress evidence of his DNA and the trial court's failure to obtain a written jury waiver. For the reasons discussed below, we affirm.

As part of a prior judgment of conviction, defendant was ordered to give a DNA...

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