STATE v. SMITH

08C40934; A147154.

316 P.3d 387 (2013)

260 Or. App. 183

STATE of Oregon, Plaintiff-Respondent, v. Jeffrey Glen SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 18, 2013.


Attorney(s) appearing for the Case

Jedediah Peterson , Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services. Jeffrey Glen Smith filed a supplemental brief pro se.

Jennifer S. Lloyd , Attorney in Charge, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Christina M. Hutchins , Senior Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.


PER CURIAM.

Defendant was convicted by the court, on stipulated facts, of three counts of using a child in a display of sexually explicit conduct, three counts of first-degree encouraging child sexual abuse, and one count of second-degree sodomy. On appeal, defendant argues that, under Article I, section 11, of the Oregon Constitution, the court plainly erred in proceeding with the stipulated facts trial without a written waiver of the right to a jury trial. State...

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