348
Submitted June 25, 2020, affirmed February 10, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
JUSTIN DOUGLAS HATCHELL,
Defendant-Appellant.
Multnomah County Circuit Court
17CR27612, 17CR56799, 17CR56804;
A167972 (Control), A167973, A167974
Kenneth R. Walker, Judge.
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 Jonathan N. Schildt, Assistant
Attorney General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
PER CURIAM
Affirmed.
Cite as
309 Or App 348
(2021) 349
PER CURIAM
In this consolidated criminal case, defendant
was convicted of various crimes in Case Nos. 17CR56804,
17CR27612, and 17CR56799, which were joined for trial.
The jury was instructed that its verdicts need not be unanimous, which was error under the Sixth Amendment to the
United States Constitution. See Ramos v. Louisiana,
590 US
___
,
140 S Ct 1390
,
206 L Ed 2d 583
(2020). The jury found
defendant guilty of all counts, and the verdicts were unanimous as to all counts.
On appeal, defendant raises seven assignments
of error. We reject assignments of error one through five
without written discussion. In assignments of error six and
seven, defendant argues that the trial court erred in giving
the nonunanimous jury instruction, that the error was structural error, and that all of his convictions therefore should
be reversed. Defendant also contends that, even if the error
was not structural, it was plain error that we should exercise our discretion to correct. We reject those arguments for
the reasons set forth in State v. Flores Ramos,
(2020), in which the Supreme Court concluded
that the erroneous nonunanimous jury instruction was not
structural error and was harmless with respect to unanimous verdicts.
Affirmed.
