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STATE v. GIBBENS

A171916.

489 P.3d 150 (2021)

312 Or. App. 545

STATE of Oregon, Plaintiff-Respondent, v. William Harrison GIBBENS, Defendant-Appellant.

Court of Appeals of Oregon.

June 23, 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 Jennifer S. Lloyd , Assistant Attorney General, filed the brief for respondent.

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

Defendant was convicted by unanimous jury verdict of first-degree sexual abuse (Count 1), ORS 163.427, and by nonunanimous jury verdict of first-degree sodomy (Count 2), ORS 163.405. He argues on appeal that the trial court erred in instructing the jury, over his objection, that it could return nonunanimous...

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