State v. Granberg, 473 P.3d 560

Defendant was arrested for possession of methamphetamine (Class C felony) and charged by information—no grand jury indictment.
At arraignment defendant’s counsel requested a preliminary hearing.
On the original preliminary-hearing date the state was not ready and asked whether defendant would waive the hearing; defense counsel said, “at this point,” defendant would not waive and the hearing was rescheduled.
At the rescheduled hearing defendant was present but his regular counsel was absent; a stand-in attorney told the court defendant was waiving the preliminary hearing, and the court accepted the waiver.
The state filed an information, defendant was tried (bench trial), convicted of unlawful possession, and the conviction was found to violate his probation.
On appeal defendant argued the waiver was not knowing (stand-in counsel waived without consulting defendant), so the trial court lacked jurisdiction under Article VII (Amended), §5; the Court of Appeals agreed and reversed the conviction and the probation finding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court had jurisdiction to convict without indictment, preliminary hearing, or a knowing waiver under Art. VII §5	State relied on precedent (Sheppard) and argued waiver may be communicated through counsel; defendant’s silence at hearing indicates consent	Waiver invalid because stand‑in counsel waived without consulting defendant; defendant had earlier requested a preliminary hearing and received no information sufficient for a knowing waiver	Court followed Keys: jurisdiction requires indictment, probable‑cause hold after prelim, or a knowing waiver; here waiver was invalid and court lacked jurisdiction; conviction void and reversed
Whether a challenge to jurisdiction under Art. VII §5 is forfeited if not raised below	State said Sheppard treats the matter as non‑jurisdictional, so claim is unpreserved and subject to plain‑error review	Jurisdictional defect may be raised for the first time on appeal	Court held (following Keys) that Art. VII §5 can divest jurisdiction and such a defect may be raised on appeal

State v. Keys, 302 Or. App. 514 (Or. Ct. App. 2020) (held that indictment, prelim probable‑cause hold, or a knowing waiver is required for circuit court jurisdiction in felony cases)
Huffman v. Alexander, 197 Or. 283 (Or. 1952) (historical discussion of jurisdiction in criminal cases)
State v. Sheppard, 35 Or. App. 69 (Or. Ct. App. 1978) (earlier precedent on preliminary‑hearing issues relied on by the state)
State v. Foss‑Vigil, 304 Or. App. 267 (Or. Ct. App. 2020) (contrasted with Keys: record supported counsel communicating defendant’s waiver)
State v. Terry, 333 Or. 163 (Or. 2001) (on circuit court subject‑matter jurisdiction generally)
State v. McMilian, 191 Or. App. 62 (Or. Ct. App. 2003) (remand of probation revocation after conviction reversal)