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STATE v. AKERS

230505268; A132100.

188 P.3d 417 (2008)

221 Or. App. 29

STATE of Oregon, Plaintiff-Respondent, v. Michael Todd AKERS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Elizabeth Ann Corbridge, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

Defendant was found guilty of possession of a controlled substance, former ORS 475.992(4) (2003), renumbered as ORS 475.840(3) (2005), following a stipulated facts trial. He appeals, contending that the trial court erred in conducting the trial without a valid written waiver of his right to a jury trial. He concedes that he did not preserve the issue, but asks that we address it as plain error. We conclude that, on the facts of this case...

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