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STATE v. HARRIS

A170271.

478 P.3d 1024 (2021)

308 Or.App. 461

STATE of Oregon, Plaintiff-Respondent, v. William David HARRIS, Defendant-Appellant.

Court of Appeals of Oregon.

January 6, 2021.

Attorney(s) appearing for the Case

George W. Kelly filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed the brief for respondent.

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

Defendant appeals a judgment of conviction for first-degree rape, ORS 163.375 (Count 1), and second-degree sexual abuse, ORS 163.425 (Count 2). The verdict on Count 1 was not unanimous. In his first assignment of error, defendant contends that the trial court erred in instructing the jury, over his objection, that it could return nonunanimous...

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