State v. Gassner

There may be no structural error when a trial court fails to instruct a jury that a nonunanimous verdict is allowable when such error was harmless beyond a reasonable doubt. State v. Flores Ramos, 367 Or 292, 334, 478 P3d 515 (2020).

Defendant appealed a conviction for first degree sodomy under ORS 163.405, first degree rape under ORS 163.375 and first degree unlawful sexual penetration under ORS 163.411. Defendant argued the trial court erred by failing to instruct the jury that a unanimous verdict was necessary to find Defendant guilty. There may be no structural error when a trial court fails to instruct a jury that a nonunanimous verdict is allowable when such error was harmless beyond a reasonable doubt. State v. Flores Ramos, 367 Or 292, 334, 478 P3d 515 (2020). The Court held that the trial court’s failure to instruct the jury of a unanimous verdict requirement was harmless because the jury’s verdict in Defendant’s case was in fact unanimous. Conviction on Count 4 reversed and remanded; remanded for resentencing; otherwise affirmed.