State v. Slover

                                326

         Submitted April 24, 2020, affirmed February 10, 2021


                 STATE OF OREGON,
                  Plaintiff-Respondent,
                            v.
               ANDREW JAMES SLOVER,
                  Defendant-Appellant.
               Marion County Circuit Court
                   13C47289; A168803
                             

  Cheryl A. Pellegrini, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Kali Montague, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Shannon T. Reel, Assistant Attorney
General, filed the brief for respondent.
  Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
  PER CURIAM
  Affirmed.
Cite as 

 (2021)                             327

        PER CURIAM
         Defendant was convicted by jury of murder and
first-degree robbery. The jury was instructed that it needed
to reach a unanimous verdict on the murder count and that
it need not reach a unanimous verdict on the robbery count.
The jury indicated that it was unanimous on the murder
count and that the verdict on the robbery count was at least
10-2, but the jury was not polled. Defendant raises an evidentiary challenge on appeal, and also makes an argument
that the trial court plainly erred in instructing the jury that
it need not reach unanimous verdicts. We reject without discussion defendant’s evidentiary argument. With respect to
his argument that the court plainly erred in instructing the
jury that it need not reach a unanimous verdict on the robbery count, defendant contends that because of the erroneous jury instruction, both the murder and robbery verdicts
must be reversed in light of Ramos v. Louisiana, 

, 

, 

 (2020). We reject that
argument for the reasons set forth in State v. Flores Ramos,

, 

 (2020), and State v. Dilallo, 

, 

 (2020).
        Affirmed.