- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 02-10-2016
- Case #: A144192
- Judge(s)/Court Below: Duncan, J. For the Court; Armstrong, P.J.; Haselton, S.J.
- Full Text Opinion
Following a remand from the Supreme Court of Oregon Defendant assigned two errors. The first error, Defendant asserted that the trial court violated his right to a jury trial under the Sixth Amendment by instructing the jury that they could return a non-unanimous verdict. The Court held that this assertion failed under its precedent, State v. Bowen. In the second of assignment, Defendant asserted that the trial court erred by failing to merge the guilty verdicts, for manufacture of cocaine, and manufacture of cocaine involving a substantial quantity of the drug. Defendant did not object to the trial court’s failure to merge, therefore The Court reviewed for “plain error.”The State conceded that the trial court plainly erred by not allowing the merger. Reversed and remanded with instructions to merge Count 3 into Count 4 and for resentencing; otherwise affirmed.