State v. Lopez-Garcia

                                686

         Submitted September 9, 2020, affirmed April 14, 2021


                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
                ANDRES LOPEZ-GARCIA,
                   Defendant-Appellant.
                Marion County Circuit Court
                   18CR54949; A169912
                             

   Claudia M. Burton, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Emily P. Seltzer, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Robert M. Wilsey, Assistant Attorney
General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
   PER CURIAM
   Affirmed.
Cite as 

 (2021)                             687

        PER CURIAM
         Defendant was convicted by jury verdict of firstdegree assault constituting domestic violence, ORS 163.185.
On appeal he argues that the trial court plainly erred in
instructing the jury that it need not reach unanimous verdicts, and contends that, because the erroneous jury instruction constituted a structural error, his conviction must be
reversed in light of Ramos v. Louisiana, 

, 

, 

 (2020). The Supreme Court
rejected that argument in State v. Flores Ramos, 

, 

 (2020). Further, because the jury was
not polled, we decline to exercise our discretion to review the
plain error. See State v. Dilallo, 

, 

 (2020) (taking the same approach). We therefore reject
defendant’s argument concerning the nonunanimous jury
instruction.
        Affirmed.