STATE v. LOPEZ-GARCIA

A169912.

485 P.3d 305 (2021)

310 Or. App. 686

STATE of Oregon, Plaintiff-Respondent, v. Andres LOPEZ-GARCIA, Defendant-Appellant.

Court of Appeals of Oregon.

April 14, 2021.


Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Robert M. Wilsey , Assistant Attorney General, filed the brief for respondent.

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


Defendant was convicted by jury verdict of first-degree assault constituting domestic violence, ORS 163.185. On appeal he argues that the trial court plainly erred in instructing the jury that it need not reach unanimous verdicts, and contends that, because the erroneous jury instruction constituted a structural error, his conviction must be...

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