STATE v. ROSAS CABILDO (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Odilon ROSAS-CABILDO, Defendant-Appellant.

A171705

Decided: September 09, 2021

Before James, Presiding Judge, and Kamins, Judge, and Kistler, Senior Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Mary M. Reese, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief for respondent.

Defendant challenges his convictions for multiple sexual offenses, raising three assignments of error. We affirm.

On defendant's first assignment of error, we are not persuaded that the trial court plainly erred by failing to sua sponte enter a judgment of acquittal on a count of first-degree sexual abuse. Defendant's second and third assignments of error challenge the trial court's nonunanimous instruction to the jury. However, because the verdict was unanimous, defendant's arguments are foreclosed by State v. Flores Ramos, 367 Or. 292, 478 P.3d 515 (2020), and State v. Kincheloe, 367 Or. 335, 478 P.3d 507 (2020), cert. den., ––– U.S. ––––, 141 S.Ct. 2837, ––– L. Ed. 2d ––––, No. 20-8126 (June 21, 2021).

Affirmed.

PER CURIAM

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