STATE v. RAYGOZA

87-D-101208; CA A45236.

752 P.2d 1253 (1988)

90 Or.App. 473

STATE of Oregon, Respondent, v. Ignacio RAYGOZA, Appellant.

Court of Appeals of Oregon.

Decided April 20, 1988.


Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Frank Gruber, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


JOSEPH, Chief Judge.

Defendant was convicted of driving while suspended. ORS 811.175. He appeals, assigning as error the trial court's denial of his motion to suppress and its having conducted a trial without a valid waiver of a jury. We reverse and remand.

Some time after 1:00 a.m. on February 27, 1987, Deputy Sheriff Peterson noticed defendant and a passenger sitting in a parked car. The car was parked two to three feet from the curb in a mixed residential...

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