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STATE v. BANKS

A170706.

481 P.3d 435 (2021)

309 Or. App. 344

STATE of Oregon, Plaintiff-Respondent, v. David Lee BANKS, 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 Rond Chananudech, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patricia G. Rincon, Assistant Attorney General, filed the brief for respondent.

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

Defendant was found guilty upon jury verdict on one count of assault in the second degree, in violation of ORS 163.175. The jury was instructed that it need not be unanimous, but notwithstanding such instruction the jury's verdict was determined to be unanimous upon polling by the trial court. On appeal, defendant assigns error to the court...

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