State v. Macias

In this criminal case, defendant appeals a judgment of conviction for fourth-degree assault. ORS 163.160. On appeal, he raises three assignments of error. We reject without discussion defendant’s second and third assignments of error, in which he contends that the trial court erred in instructing the jury that it could find him guilty by a nonunanimous verdict and by accepting a nonunanimous verdict. See State v. Bowen, 215 Or App 199, 168 P3d 1208 (2007), adh’d to as modified on recons, 220 Or App 380, 185 P3d 1129, rev den, 345 Or 415 (2008), cert den, 558 US 815 (2009). We write to address…