State v. Camacho-Alvarez

Defendant was convicted of, among other crimes, first-degree robbery, ORS 164.415, and third-degree robbery, ORS 164.395, after a nonunanimous jury returned guilty verdicts. On appeal, he argues that the court erred in failing to merge the two robbery convictions into a single first-degree robbery conviction. He also assigns error to the court’s instruction to the jury that it could return a less than unanimous guilty verdict. Neither claim of error was preserved below.

We reject the contention that the Sixth and Fourteenth Amendments to the United States Constitution require jury unanimity.…