STATE v. PASLEY (2021)

A unanimous jury found defendant guilty of unauthorized use of a vehicle (UUV), ORS 164.135, and possession of a stolen vehicle (PSV), ORS 819.300. At sentencing, the trial court merged the jury's PSV verdict with the UUV verdict, resulting in a single conviction for UUV. Defendant argues on appeal that the trial court erred by denying his motion for judgment of acquittal on both the PSV and UUV counts. We reject those arguments without discussion. Defendant further argues that the court plainly erred in instructing the jury that it need not reach unanimous verdicts and contends that, because providing the erroneous jury instruction constituted structural error, his conviction must be reversed in light of Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020) notwithstanding the unanimous verdicts. The Supreme Court rejected that argument in State v. Flores Ramos, 367 Or. 292, 319, 478 P.3d 515 (2020). Further, because the jury poll indicated unanimity as to both counts, we decline to exercise our discretion to review for plain error. See State v. Chorney-Phillips, 367 Or. 355, 359, 478 P.3d 504 (2020). We therefore reject defendant's argument concerning the nonunanimous jury instruction.

Affirmed.

PER CURIAM