Oregon Supreme Court
State v. Flores Ramos
December 24, 2020367 Or. 292
Summary
The court held that instructing the jury that it could convict by a nonunanimous vote violated the Sixth Amendment, but the error was not structural. Because the jury poll established unanimous verdicts on four counts and the record provided no nonspeculative basis to conclude that the instruction affected those verdicts, the error was harmless beyond a reasonable doubt as to those counts. The conviction based on the nonunanimous verdict was reversed and the case was remanded; the unanimous convictions were affirmed.