STATE OF OREGON, Plaintiff-Respondent, v. JUSTIN DOUGLAS HATCHELL, Defendant-Appellant.
Multnomah County Circuit Court 17CR27612, 17CR56799, 17CR56804; A167972 (Control), A167973, A167974
Multnomah County Circuit Court
Submitted June 25, 2020, affirmed February 10, 2021
309 Or App 348 | 481 P3d 413
Kenneth R. Walker, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Anne Fujita Munsey, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jonathan N. Schildt, Assistant Attorney General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.
PER CURIAM
Affirmed.
PER CURIAM
In this consolidated criminal case, defendant was convicted of various crimes in Case Nos. 17CR56804, 17CR27612, and 17CR56799, which were joined for trial. The jury was instructed that its verdicts need not be unanimous, which was error under the Sixth Amendment to the United States Constitution. See Ramos v. Louisiana, 590 US ___, 140 S Ct 1390, 206 L Ed 2d 583 (2020). The jury found defendant guilty of all counts, and the verdicts were unanimous as to all counts.
On appeal, defendant raises seven assignments of error. We reject assignments of error one through five without written discussion. In assignments of error six and seven, defendant argues that the trial court erred in giving the nonunanimous jury instruction, that the error was structural error, and that all of his convictions therefore should be reversed. Defendant also contends
Affirmed.