State v. Richardson ( 2019 )

654
On appellant’s petition for reconsideration filed August 12, reconsideration
allowed; former opinion (298 Or App 686, 444 P3d 686) modified and adhered to
as modified October 2, 2019
STATE OF OREGON,
Plaintiff-Respondent,
v.
BRIAN LEE RICHARDSON,
Defendant-Appellant.
Linn County Circuit Court
17CR01093; A165406
449 P3d 605
Carol R. Bispham, Senior Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section and Emily P. Seltzer, Deputy Public Defender, Office
of Public Defense Services, for petition.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Shorr, Judge.
PER CURIAM
Reconsideration allowed; former opinion modified and
adhered to as modified.
Cite as 299 Or App 654 (2019) 655
PER CURIAM
Defendant requests reconsideration of our opinion
in State v. Richardson, 298 Or App 686, 444 P3d 686 (2019),
bringing to our attention that we failed to address the sup-
plemental assignment of error that he had raised in his sup-
plemental brief. We allow reconsideration and modify our
prior opinion to insert the following footnote at the end of
the second sentence in the first paragraph:
“After the initial briefing was complete, defendant filed a
supplemental brief that included a supplemental assign-
ment of error that raised as plain error the trial court’s
instruction to the jury that it could return a nonunanimous
verdict. Defendant contends that the Sixth and Fourteenth
Amendments to the United States Constitution require
unanimous jury verdicts. We reject that argument on the
merits without further discussion.”
We adhere to our opinion as modified.
Reconsideration allowed; former opinion modified
and adhered to as modified.