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STATE v. BURKE

CR040545; A129508.

178 P.3d 311 (2008)

218 Or. App. 113

STATE of Oregon, Plaintiff-Respondent, v. Rhonda Louise BURKE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 13, 2008.

Attorney(s) appearing for the Case

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

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and SERCOMBE, Judge, and RIGGS, Senior Judge.

PER CURIAM.

After a trial to the court on stipulated facts, defendant was convicted of possession of a controlled substance, former ORS 475.992. On appeal, she argues that her conviction must be reversed because the record does not contain a written jury waiver. The state concedes that the conviction must be reversed for that reason, and we agree and accept that concession. State v. Barber, 343 Or. 525,

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