State v. Nutt

In this criminal case, defendant appeals the trial court’s judgment convicting her of attempted driving under the influence of intoxicants (DUII), a Class B misdemeanor. ORS 813.010; ORS 161.405. On appeal, defendant raises three assignments of error.

In her first and second assignments of error, she asserts that the court erred by empanelling, and accepting a verdict from, a jury of fewer than 10 persons. Defendant’s argument in support of those assignments is foreclosed by State v. Sagdal, 356 Or 639, 343 P3d 226 (2015), and, therefore, we reject those assignments without further written…