STATE v. HOPKINS (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Devyn Michael HOPKINS, Defendant-Appellant.

A170859 (Control), A170860

Decided: February 24, 2021

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

Lindsey Burrows argued the cause for appellant. Also on the brief was O'Connor Weber LLC. E. Nani Apo, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

In this consolidated appeal, defendant appeals from judgments of conviction for three counts of first-degree theft and two counts of second-degree theft, in case number 18CR07769, and one count of third-degree theft, in case number 19CR18483. In both cases, defendant was tried to a jury, and the jury was instructed that its verdict need not be unanimous, which was error under Ramos v. Louisiana, 590 U.S. ––––, 140 S Ct 1390, 206 L Ed 2d 583 (2020). However, the jury returned unanimous guilty verdicts on all of the counts. Defendant argues that the judgments nonetheless should be reversed because the trial court plainly erred in giving the nonunanimous jury instruction and because that error constitutes structural error. For the reasons explained by the Oregon Supreme Court in State v. Flores Ramos, 367 Or. 292, 319, 478 P.3d 515 (2020), and State v. Ciraulo, 367 Or. 350, 354, 478 P.3d 502 (2020), we reject defendant's arguments. We also reject defendant's remaining assignments of error without discussion.

Affirmed.

PER CURIAM

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