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STATE v. DAMPER

A164662.

489 P.3d 553 (2021)

311 Or. App. 322

STATE of Oregon, Plaintiff-Respondent, v. Tyrell Dupree DAMPER, Defendant-Appellant.

Court of Appeals of Oregon.

May 12, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the opening and supplemental briefs for appellant. Tyrell Dupree Damper filed the supplemental brief pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Michael A. Casper , Assistant Attorney General, filed the briefs for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals a judgment of conviction for two counts of promoting prostitution, ORS 167.012. He assigns error to the trial court's (1) instruction to the jury that it could return nonunanimous verdicts, (2) receipt of a nonunanimous verdict for Count 1, and (3) failure to sua sponte merge the verdicts on Counts 1 and 2 into...

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