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STATE v. PENNEY

090733026; A145722.

288 P.3d 989 (2012)

252 Or. App. 677

STATE of Oregon, Plaintiff-Respondent, v. Terrell Jerome PENNEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 17, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Anne Fujita Munsey , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

Defendant appeals a judgment of conviction for unlawful possession of cocaine, ORS 475.884, and raises three assignments of error. We reject without discussion his second and third assignments of error, in which he asserts that the trial court erred when it instructed the jury that it could find him guilty by a nonunanimous verdict and when it accepted the jury's nonunanimous verdict. See State v. Bainbridge, 238 Or.App. 56

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