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STATE v. DUKE

A170110.

480 P.3d 324 (2021)

309 Or. App. 153

STATE of Oregon, Plaintiff-Respondent, v. Robert David DUKE, Defendant-Appellant.

Court of Appeals of Oregon.

February 3, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Eric Johansen, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Adam Holbrook, Assistant Attorney General, filed the brief for respondent.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

Defendant was convicted by jury verdict of first-degree robbery (Count 1), ORS 164.415, and second-degree robbery (Count 2), ORS 164.405. The jury was instructed that its verdicts need not be unanimous, which was error under the Sixth Amendment to the United States Constitution. Ramos v. Louisiana, 590 US ___, 140 S.Ct. 1390, 206 L....

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