¶1Defendant appeals his conviction for possession of a controlled substance following a stipulated facts trial to the court, contending that, because the record contains no written waiver of his right to trial by jury, his conviction cannot stand. Defendant is correct. State v. Kendall, 96 Or App 735, 773 P2d 1362, rev den 308 Or 382 (1989); State v. McDaniel, 96 Or App 337, 772 P2d 951, rev den 308 Or 382 (1989).
¶2Reversed and remanded for new trial.