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STATE v. GREGG

A170770.

484 P.3d 1120 (2021)

310 Or. App. 513

STATE of Oregon, Plaintiff-Respondent, v. Phillip Mark GREGG, Defendant-Appellant.

Court of Appeals of Oregon.

April 7, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Meredith Allen , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Dashiell L. Farewell , Assistant Attorney General, filed the brief for respondent.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

A jury found defendant guilty of rape in the first degree, ORS 163.375. Although the jury had been instructed that it could reach a guilty verdict by a 10 to 2 vote, defendant did not object to that instruction and, in any event, the jury returned a unanimous verdict, confirmed by jury poll. Defendant appeals, raising two assignments...

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