- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 12-08-2021
- Case #: A168781
- Judge(s)/Court Below: Dehoog, J. for the Court; DeVore, P.J.; & Mooney, J.
- Full Text Opinion
Defendant appealed a judgement of first-degree assault with a firearm. The court instructed the jury it could rule with ten or more jurors, Defendant’s guilty verdict was unanimous. Defendant argued that the court erred in instructing the jury that it could reach a nonunanimous verdict. It is plain error to instruct the jury that it can rule non-unanimously, but the unanimous guilty verdict made that error harmless. Departure from sentencing guidelines is permitted where there are compelling reasons to do so. Unadjudicated and uncharged conduct may be considered by the court in departing from sentencing guidelines. The Court rejected Defendant's assignment of error. Affirmed.