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310 Or. App. 865

State v. Prichard

Court of Appeals of Oregon

Decided April 21, 2021

Court of Appeals of Oregon · decided 2021-04-21

Affirmed · Decided 2021-04-21

                                   865

     Submitted March 30, affirmed April 21, petition for review denied
                     August 26, 2021 (
368 Or 514
)


                   STATE OF OREGON,
                    Plaintiff-Respondent,
                              v.
              GREGORY GERALD PRICHARD,
                   Defendant-Appellant.
                Yamhill County Circuit Court
                   19CR04120; A172883
                               
485 P3d 320


  Ladd J. Wiles, Judge.
   Lindsey Burrows and O’Connor Weber LLC 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 Shorr, Judge, and
Powers, Judge.
  PER CURIAM
  Affirmed.
866                                          State v. Prichard

        PER CURIAM
          Defendant was convicted by unanimous jury verdict of first-degree sexual abuse and endangering the welfare of a minor. On appeal, defendant argues that the trial
court 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, 
590 US ___
, 
140 S Ct 1390
, 
206 L Ed 2d 583
 (2020). The Oregon
Supreme Court rejected the structural error argument in
State v. Flores Ramos, 
367 Or 292, 319
, 
478 P3d 515
 (2020).
Further, when, as here, the jury returns unanimous verdicts despite the erroneous nonunanimous instruction, such
error was rendered “harmless beyond a reasonable doubt”
as to all of the verdicts of this case. State v. Ciraulo, 
367 Or 350, 354
, 
478 P3d 502
 (2020).
        Affirmed.

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