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STATE v. MUSSLER

03C52155; A125227.

129 P.3d 210 (2006)

204 Or. App. 117

STATE of Oregon, Respondent, v. Glen Leroy MUSSLER, Appellant.

Court of Appeals of Oregon.

Decided February 1, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, and Susan Fair Drake, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LANDAU and WOLLHEIM, Judges.

PER CURIAM.

Defendant appeals a judgment of conviction for manufacture of a controlled substance, ORS 475.992. He argues that his conviction must be reversed because the record fails to establish that he waived in writing his right to jury trial. He further argues that the trial court erred in imposing an upward departure sentence. The state concedes that the record does not include a written jury waiver and that the conviction...

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