STATE v. ACTKINSON

A172693.

511 P.3d 444 (2022)

319 Or. App. 832

STATE of Oregon, Plaintiff-Respondent, v. Timothy Tabias ACTKINSON, Defendant-Appellant.

Court of Appeals of Oregon.

May 25, 2022.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erik Blumenthal , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jon Zunkel-deCoursey , Assistant Attorney General, filed the brief for respondent.

Before Mooney, Presiding Judge, and Lagesen, Chief Judge, and Kistler, Senior Judge.


Defendant appeals a judgment of conviction for the unauthorized use of a motor vehicle.1 He argues that he did not knowingly waive his right to a jury trial and that the trial court erred in ruling that he was not eligible for a downward departure sentence. Our decision in State v. Austin, 316 Or...

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