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STATE OF OREGON, Respondent, v. JOHN M. MILLER, Appellant.

PER CURIAM

Reversed and remanded for a new trial.

PER CURIAM

The state concedes that because there was no written waiver of defendant's right to a trial by jury, the judgment must be reversed and the case remanded for a new trial. Or Const, Art I, § 11; ORS 136.001; State v. Wiik, 31 Or. App. 571, 570 P.2d 1021 (1977).

Reversed and remanded for a new trial.

PER CURIAM

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STATE v. MILLER
(Dec 17, 1979)