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STATE v. CANNON

A162360.

464 P.3d 1127 (2020)

304 Or.App. 843

STATE of Oregon, Plaintiff-Respondent, v. Audrey Beth CANNON, Defendant-Appellant.

Court of Appeals of Oregon.

June 17, 2020.

Attorney(s) appearing for the Case

Marc D. Brown , Deputy Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Peenesh Shah , Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Janis C. Puracal , Steven T. Wax , and Brittney R. Plesser filed the briefs amicus curiae for Oregon Innocence Project.

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

Defendant was convicted of first-degree burglary by nonunanimous jury verdict. ORS 164.225. Defendant contends that the trial court's acceptance of a nonunanimous verdict constitutes plain error under the Sixth Amendment to the United States Constitution. In Ramos v. Louisiana, ___ U.S. ___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), the...

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