State v. Altamirano-Juarez

When a judge considers a waiver of a defendant’s right to a jury trial, they must consider “whether a bench trial will fully protect defendant’s rights.” State v. Austin, 274 Or App 114, 119, 360 P3d 603 (2015).

Defendant was convicted of unlawful use of a weapon, fourth-degree assault, menacing, and possession of methamphetamine, and requested a waiver of his right to trial by jury during the trial.  Defendant assigned error to the denial of this waiver, and also the criteria used for sentencing.  The State contended that the error was not preserved at trial, and that the court made their denial using a proper basis.  When a judge considers a waiver of a defendant’s right to a jury trial, they must consider “whether a bench trial will fully protect defendant’s rights.” State v. Austin, 274 Or App 114, 119, 360 P3d 603 (2015).  The Court found that the trial court abused discretion in denying the waiver as they did not explain their reasonings behind the denial and did not consider what implications the decision would have.  Additionally, the Court found that there was error in the sentencing as Defendant’s previous convictions are not comparable to similar charges in Oregon.  Thus, the Court held Defendant cannot be categorized as having a prior personal felony conviction.  Conviction on Count 1, unlawful use of a weapon, vacated and remanded; remanded for resentencing; otherwise affirmed.