Defendant was convicted by unanimous jury verdicts of second-degree burglary, ORS 164.215, and second-degree theft, ORS 164.045. He argues on appeal that the trial court erred in failing to give his requested instruction on the meaning of the term, “open to the public,” and plainly erred in instructing the jury that it could return nonunanimous verdicts. We reject without discussion defendants first argument. With respect to his argument that the court plainly erred in instructing the jury that it need not reach unanimous verdicts, defendant contends that because of the erroneous jury instruction, his convictions by unanimous verdicts must be reversed in light of Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), because the error constitutes structural error. In a memorandum of additional authorities, the state notes that that argument was rejected in State v. Chorney-Phillips, 367 Or. 355, 478 P.3d 504 (2020) and its companion cases. We reject defendants argument for the reasons set forth in those cases.
Affirmed.
PER CURIAM