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STATE v. HAWK

A168406.

466 P.3d 1068 (2020)

304 Or. App. 862

STATE of Oregon, Plaintiff-Respondent, v. Dominic Andrew HAWK, Defendant-Appellant.

Court of Appeals of Oregon.

June 17, 2020.

Attorney(s) appearing for the Case

Sara F. Werboff , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Joanna L. Jenkins , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Defendant was convicted by nonunanimous jury verdict of driving under the influence of intoxicants. ORS 813.010. Defendant argues that the trial court's acceptance of a nonunanimous verdict constitutes plain error under the Sixth Amendment to the United States Constitution. In Ramos v. Louisiana, ___ U.S. ___, 140 S.Ct. 1390, 206 L....

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