State v. Granberg

“Jurisdiction [over a defendant] does not attach until there is an indictment, preliminary hearing, or knowing waiver.” State v. Keys, 302 Or App 514, 526 (2020).

Defendant appealed convictions for unlawful possession of methamphetamine and probation violation. On appeal, defendant argued that the trial court lacked jurisdiction because he “did not knowingly waive his right to indictment or a preliminary hearing.” State v. Granberg, 306 Or App 86, 87 (2020). Defendant asserted that under Article VII (Amended), section 5 of the Oregon Constitution, a waiver of the right to a preliminary hearing was not valid or made knowingly due to the waiver being made by stand-in counsel. In response, the state argued that under State v. Sheppard, 35 Or App 69 (1978), the failure to comply with Article VII (Amended), section 5 does not constitute a jurisdictional defect. In State v. Keys, the court noted that “jurisdiction does not attach until there is an indictment, preliminary hearing, or knowing waiver.” Keys, 302 Or App 514, 526 (2020). The Court found that there was insufficient evidence on the record to support the conclusion that defendant’s stand-in counsel consulted with him before waiving Defendant’s right to preliminary hearing. Thus, the Court held that the trial court lacked jurisdiction to enter a judgment of conviction. Reversed and remanded.