State v. Barajas

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 12-14-2011
• Case #: A142660
• Judge(s)/Court Below: Nakamoto, J. for the Court; Schuman, P.J., & Wollheim, J.

Judges that preside over a criminal trial may not waive a defendant's right to deliver a closing argument during a bench trial without first allowing an opportunity for objection.

Defendant, after being convicted of first-degree child neglect and unlawful delivery and possession of methamphetamine, appealed her conviction by assigning error to the trial court for not allowing her to present a closing argument during her bench trial. Held, the trial court did in fact err by waiving closing arguments without allowing defendant to object. Reversed and remanded.

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