Willamette Law Online

Oregon Court of Appeals


State v. Barajas

Summarized by: 

Date Filed: 12-14-2011
Case #: A142660
Nakamoto, J. for the Court; Schuman, P.J., & Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142660.pdf

Criminal Procedure: Judges that preside over a criminal trial may not waive a defendant's right to deliver a closing argument during a bench trial without first allowing an opportunity for objection.

Defendant, after being convicted of first-degree child neglect and unlawful delivery and possession of methamphetamine, appealed her conviction by assigning error to the trial court for not allowing her to present a closing argument during her bench trial. Held, the trial court did in fact err by waiving closing arguments without allowing defendant to object. Reversed and remanded.