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STATE OF OREGON, Respondent, v. GARY BRUCE GRAVES, Appellant.

PER CURIAM

Reversed and remanded for a new trial.

PER CURIAM

Defendant appeals his convictions for assault on a public safety officer, ORS 163.208, and harassment. ORS 166.065. Trial was to the court, without a jury. The sole claim of error is that defendant did not execute a written waiver of trial by jury as required by ORS 136.001 and Article I, section 11, of the Oregon Constitution. The state concedes that the court erred, and we agree. State v. Cullett, 86 Or. App. 219, 738 P.2d 611 (1987); State v. Van Lieu, 48 Or. App. 671, 617 P.2d 914 (1980).

Reversed and remanded for a new trial.

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STATE v. GRAVES
(Sep 30, 1987)