State v. Bafus

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 11-13-2014
• Case #: A153213
• Judge(s)/Court Below: Per Curiam; Ortega, P.J.; DeVore, J.; & Garrett, J.

Whether it is a reversible “error of law apparent on the written record,” ORAP 5.45(1), when a trial court held a bench trial and convicted defendant without first obtaining a written waiver of her right to a jury trial.

Defendant challenges her convictions for nine counts of first-degree aggravated theft by deception, ORS 164.057 and ORS 164.085. Of Defendant’s 13 counts of error, the Court of Appeals addressed only whether the trial court committed a reversible “error of law apparent on the written record,” ORAP 5.45(1), when it held a bench trial and convicted defendant without first obtaining a written waiver of her right to a jury trial. The state concedes that the trial court committed plain error when the Court failed to obtain the written jury waiver in violation of Article 1, section 11 of the Oregon Constitution. The Court of Appeals held that the trial court committed plain error and reversed and remanded for new trial. Reversed and remanded.

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