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STATE v. HEWITT

(970562C; CA A99438).

985 P.2d 884 (1999)

162 Or. App. 47

STATE of Oregon, Appellant, v. William George HEWITT, Respondent.

Court of Appeals of Oregon.

Decided July 21, 1999.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robert J. McCrea, Eugene, argued the cause for respondent. With him on the brief was McCrea, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

LINDER, J.

The state appeals a pretrial order dismissing with prejudice a complaint against defendant for driving under the influence of intoxicants. ORS 813.010. We reverse and remand.

Before trial, defendant sought to waive his right to jury trial and to be tried by the court. The state objected and demanded a jury trial, pursuant to ORS 136.001(1). The trial court denied the state's jury trial demand, concluding that ORS 136.001(1) is unconstitutional....

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