State v. Gassner

38 Submitted January 16, 2020; conviction on Count 4 reversed and remanded, remanded for resentencing, otherwise affirmed March 17, 2021 STATE OF OREGON, Plaintiff-Respondent, v. TIMOTHY JAY GASSNER, Defendant-Appellant. Crook County Circuit Court 16CR47092; A167855

483 P3d 1207

On appeal, defendant assigns error to the trial court’s instruction that the jury could convict defendant of felony crimes without unanimously finding him guilty, and he assigns error to the sentence imposed. The state concedes that the trial court erred in instructing the jury that its verdict need not be unani- mous…