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STATE v. GREGG

A170770.

484 P.3d 1120 (2021)

310 Or. App. 513

STATE of Oregon, Plaintiff-Respondent, v. Phillip Mark GREGG, Defendant-Appellant.

Court of Appeals of Oregon.

April 7, 2021.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Dashiell L. Farewell, Assistant Attorney General, filed the brief for respondent.

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

A jury found defendant guilty of rape in the first degree, ORS 163.375. Although the jury had been instructed that it could reach a guilty verdict by a 10 to 2 vote, defendant did not object to that instruction and, in any event, the jury returned a unanimous verdict, confirmed by jury poll. Defendant appeals, raising two assignments...

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