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STATE v. PONCE

A171150.

483 P.3d 1258 (2021)

310 Or. App. 214

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

Court of Appeals of Oregon.

March 24, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Matthew Blythe, Deputy Public Defender, Office of Public Defense Services, 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 was convicted by unanimous jury verdict of first-degree theft. ORS 164.055. On appeal, he argues that the trial court erred in instructing the jury that it need not be unanimous, and that this constituted structural error entitling him to reversal of his conviction even though it was based...

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