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STATE v. SARVER

A171700.

487 P.3d 881 (2021)

312 Or. App. 253

STATE of Oregon, Plaintiff-Respondent, v. Dennis Gene SARVER, Defendant-Appellant.

Court of Appeals of Oregon.

June 9, 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 Christopher A. Perdue , Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM

Defendant was found guilty by non-unanimous jury verdict of first-degree manslaughter (Count 2), ORS 163.118. Defendant was found guilty by unanimous jury verdict of second-degree manslaughter (Count 3), ORS 163.125, and unlawful use of a weapon (Count 4), ORS 166.220. Defendant argues that the trial court erred in instructing the jury, over his objection, that it could return nonunanimous verdicts, and in accepting a nonunanimous verdict on Count...

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