State v. Ashkins

Defendant, who was convicted after a jury trial on one count of sodomy, one count of rape, and one count of unlawful sexual penetration, argues that the trial court erred in failing to give his requested jury instruction that ten jurors must agree on what factual occurrence constituted each of the offenses. The Court of Appeals held that the trial court correctly declined to give the requested instruction. State v. Ashkins, 263 Or App 208, 327 P3d 1191 (2014). On review, defendant argues that the circumstances of this case fall within the rule providing that, when a single crime has been…