State v. Penney

Defendant appeals a judgment of conviction for unlawful possession of cocaine, ORS 475.884, and raises three assignments of error. We reject without discussion his second and third assignments of error, in which he asserts that the trial court erred when it instructed the jury that it could find him guilty by a nonunanimous verdict and when it accepted the jury’s nonunanimous verdict. See State v. Bainbridge, 238 Or App 56, 59, 241 P3d 1186 (2010). We write only to address his first assignment of error, in which he contends that the trial court erred in denying his motion to suppress evidence…