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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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