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STATE v. FERNANDEZ

200814447A; A140491.

262 P.3d 1167 (2011)

245 Or. App. 287

STATE of Oregon, Plaintiff-Respondent, v. Armando FERNANDEZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 31, 2011.

Attorney(s) appearing for the Case

Stephanie J. Hortsch , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Denis M. Vannier , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

ROSENBLUM, S.J.

Defendant was convicted after a jury trial of assault in the first degree, attempted murder, two counts of robbery in the first degree, and felon in possession of a firearm. Defendant asserts that the trial court erred in failing to instruct the jurors that their verdict had to be unanimous to convict, an argument that we reject without further discussion. State v. Bowen, 215 Or.App. 199, 202,

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