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STATE v. KRIEGER

A168642.

481 P.3d 406 (2021)

309 Or. App. 340

STATE of Oregon, Plaintiff-Respondent, v. Matthew Alan KRIEGER, Defendant-Appellant.

Court of Appeals of Oregon.

February 10, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Anna Belais, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jonathan N. Schildt, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

Defendant was convicted by jury on one count of delivery of heroin (Count 1) and one count of possession of heroin (Count 2). The jury was unanimous on Count 2, but not on Count 1. Defendant argues on appeal that the trial court erred in denying his motion to suppress evidence, in declining to give his proffered unanimous jury instruction and...

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