State v. Eilers

Defendant appeals from a judgment of conviction for two counts of first-degree theft, ORS 164.055. In his first assignment of error on appeal, defendant contends that the trial court erred in failing to merge those two convictions. In his second assignment of error, he contends that the trial court erred by instructing the jury that it could reach a non-unanimous verdict. Finally, in his third and fourth assignments of error, defendant contends that the trial court erred in accepting the jury’s nonunanimous verdict as to each count. We reject defendant’s second, third, and fourth assignments…