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STATE OF OREGON, Respondent, v. ANTHONY PAOLA, Appellant.

PER CURIAM

Reversed and remanded for new trial.

PER CURIAM

Defendant appeals his conviction, after trial to the court, for driving under the influence of intoxicants. He contends that he did not effectively waive his constitutional and statutory rights to a jury trial. The state concedes that no written jury trial waiver was executed and that the judgment must be reversed. State v. Van Lieu, 48 Or. App. 671, 617 P.2d 914 (1980); State v. Wiik, 31 Or. App. 571, 570 P.2d 1021 (1977), rev den 281 Or. 323 (1978).

Reversed and remanded for new trial.

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STATE v. PAOLA
(Aug 28, 1985)