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STATE v. NEWTON

A167654.

477 P.3d 417 (2020)

307 Or.App. 842

STATE of Oregon, Plaintiff-Respondent, v. Anthony C. NEWTON, aka Anthony Carl Newton, Defendant-Appellant.

Court of Appeals of Oregon.

December 9, 2020.

Attorney(s) appearing for the Case

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

Joanna Hershey, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Mooney, Judge.

Defendant was convicted of strangulation constituting domestic violence, ORS 163.187(2), by nonunanimous jury verdict. On appeal, defendant argues that (1) the trial court erred by refusing to instruct the jury that it must find that defendant lacked the alleged victim's consent when he choked her and (2) the court's acceptance of a nonunanimous...

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