STATE v. TAXON

PER CURIAM

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He was tried to the court without a jury. On appeal he contends that there is no written waiver of trial by jury. The state concedes that the court erred by trying defendant without the written waiver required by ORS 136.001 and Article I, section 11, of the Oregon Constitution. We agree. State v. McBride, 135 Or. App. 690, 899 P.2d 1218 (1995); State v. Huntley, 112 Or. App. 22, 827 P.2d 918 (1992); State v. McDaniel, 96 Or. App. 337, 772 P.2d 951, rev den 308 Or. 382 (1989).

Reversed and remanded for new trial.