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STATE v. BARBER

(CC CR030271; CA A124761; SC S054661).

173 P.3d 827 (2007)

343 Or. 525

STATE of Oregon, Respondent on Review, v. Richard Edward BARBER, Petitioner on Review.

Supreme Court of Oregon.

Decided December 13, 2007.

Attorney(s) appearing for the Case

Bronson D. James, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Mary H. Williams, Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief was Hardy Myers, Attorney General.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

GILLETTE, J.

In this criminal case, defendant was convicted of burglary and theft in a trial that was conducted by the court on stipulated facts.1 With respect to that trial, the record does not contain either a written waiver of defendant's right to a jury trial or some other indication that defendant executed such an agreement. Defendant appealed his convictions to the Court of Appeals, arguing, among other things, that the lack of a...

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