STATE v. SNYDER (2021)

A jury unanimously found defendant guilty of one count of unauthorized use of a vehicle, ORS 164.135. On appeal, defendant contends that the trial court erred by (1) denying the motion for judgment of acquittal and (2) providing jury instructions allowing nonunanimous verdicts. We reject the first contention without written discussion.

As for the second, defendant asserts that instructing the jury that it could return nonunanimous verdicts constituted a structural error requiring reversal. Subsequent to the United States Supreme Court's ruling in Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), the Oregon Supreme Court explained that the delivery of a nonunanimous jury instruction was not a structural error that categorically requires reversal. State v. Flores Ramos, 367 Or. 292, 319, 478 P.3d 515 (2020). Additionally, when, as here, the jury's verdict was unanimous despite the nonunanimous instruction, such an erroneous instruction was harmless beyond a reasonable doubt. State v. Kincheloe, 367 Or. 335, 339, 478 P.3d 507 (2020). Therefore, we reject defendant's second assignment of error.

Affirmed.

PER CURIAM