State v. Moreno

Following a jury trial, defendant was found not guilty of two counts of rape in the first degree (Counts 1 and 2), ORS 163.375, and convicted of one count of sexual abuse in the first degree (Count 3), ORS 163.427. On appeal, defendant raises two assignments of error. We write only to address defendant’s contention that the trial court erred in denying his motion for a judgment of acquittal on the count of sexual abuse in the first degree and reject defendant’s other assignment of error — that the trial court erred in not instructing the jury that the guilty verdict must be unanimous —…