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STATE v. DAMIAN

A171313.

481 P.3d 1032 (2021)

309 Or. App. 418

STATE of Oregon, Plaintiff-Respondent, v. Miguel Grano DAMIAN, Defendant-Appellant.

Court of Appeals of Oregon.

February 18, 2021.

Attorney(s) appearing for the Case

Blake Doré and Doré Law Firm, LLC, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jennifer S. Lloyd , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Hadlock, Judge pro tempore.

Defendant appeals a judgment of conviction for two counts of felony fourth-degree assault (domestic violence), Counts 1 and 3. Over defendant's objection, the trial court instructed the jury that it could return nonunanimous verdicts. The jury's verdict on Count 1 was unanimous; its verdict on Count

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