¶1Defendant appeals his conviction for driving under the influence of intoxicants, ORS 813.010, after a trial to the court. He argues that the court erred by trying him without a written waiver of jury. The state concedes that the record contains no written jury waiver and that the judgment must be reversed. State v. Kendall, 96 Or App 735, 736, 773 P2d 1362, rev den 308 Or 382 (1989). We accept the state’s concession.
¶2Reversed and remanded for new trial.