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STATE v. VAN LIEU

No. CR 80-306; CA 17491.

617 P.2d 914 (1980)

48 Or.App. 671

STATE of Oregon, Respondent, v. David Charles VAN LIEU, Appellant.

Court of Appeals of Oregon.

Decided October 13, 1980.

Attorney(s) appearing for the Case

Dale L. Crandall, Salem, argued the cause and filed the brief for appellant.

Duane W. Halbleib, Deputy Dist. Atty., Dallas, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

THORNTON, Judge.

Defendant appeals from his conviction after trial to the court without a jury of driving while under the influence of intoxicants (DUII). He assigns as error the holding of the trial without a jury, contending that he never waived his constitutional and statutory right to a trial by jury. We reverse.

The essential facts are as follows:

Defendant was cited for DUII on February 2, 1980. On February 5, defendant appeared without counsel...

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