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STATE v. CLYDE

A176269.

537 P.3d 170 (2023)

328 Or. App. 222

STATE of Oregon, Plaintiff-Respondent, v. Nicholas Ryan CLYDE, Defendant-Appellant.

Court of Appeals of Oregon.

September 20, 2023.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.

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

Defendant appeals from the trial court's denial of his motion to dismiss on double jeopardy grounds.1 On appeal, he argues that double jeopardy prevents a retrial if the first trial resulted in a nonunanimous guilty verdict. For the following reasons, we affirm.

Defendant was convicted in 2017 of...

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