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STATE v. BURKE

A171985.

489 P.3d 1125 (2021)

311 Or. App. 611

STATE of Oregon, Plaintiff-Respondent, v. Bryan Lee BURKE, Defendant-Appellant.

Court of Appeals of Oregon.

May 19, 2021.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Patricia G. Rincon, Assistant Attorney General, filed the brief for respondent.

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

Defendant was convicted after a jury trial of unlawful possession of methamphetamine, ORS 475.894. Defense counsel requested that the jury be instructed that it needed to return a unanimous verdict, but the trial court gave the then-standard instruction that the jury could return a nonunanimous verdict. After the jury returned a guilty verdict...

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