State v. Keys

"In the absence of indictment, preliminary hearing, or waiver, the circuit court lacks jurisdiction to try the defendant and any judgment rendered in that case is void.” Huffman v. Alexander, 197 Or 283, 301, 251 P2d 87 (1952); OR Const, Art VII (Amended), section 5.

Defendant appealed a conviction for Unlawful Possession of Methamphetamine, a felony. Defendant assigned error to the trial court’s entering of a conviction asserting the trial court did not have jurisdiction. On appeal, Defendant argued that in the absence of an indictment, a preliminary hearing, or the defendant’s knowing, intentional, or personal waiver of indictment or preliminary hearing, the trial court could not convict him of a felony. In response, the State did not dispute that defense counsel’s purported waiver of a preliminary hearing was ineffective for constitutional purposes. In the alternative, the State argued that (1) any error in proceeding in the absence of indictment, preliminary hearing, or express waiver is not a jurisdictional error and (2) the Defendant waived his rights to indictment or preliminary hearing when he submitted to the subsequent trial with the assistance of counsel and did not make an objection. "In the absence of indictment, preliminary hearing, or waiver, the circuit court lacks jurisdiction to try the defendant and any judgment rendered in that case is void.” Huffman v. Alexander, 197 Or 283, 301, 251 P2d 87 (1952); OR Const, Art VII (Amended), section 5. The Court found that Defendant did not knowingly waive his right to a preliminary hearing or indictment. Thus, the Court held that the trial court never obtained jurisdiction to try the Defendant with the crime which he had been charged. The judgment of conviction is void. Reversed.