Defendant appeals a judgment of multiple convictions after unanimous jury verdicts, raising multiple assignments of error. He preserved none of his assignments except one challenging a jury instruction allowing nonunanimous verdicts. We reject all of defendants assignments and write only to address the one relating to the nonunanimous jury instruction.
Defendant asserts that the jury instruction allowing nonunanimous verdicts constitutes a structural error. Subsequent to the United States Supreme Courts ruling in Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), the Oregon Supreme Court held that nonunanimous jury instruction is not a structural error that categorically requires reversal. State v. Flores Ramos, 367 Or. 292, 319, 478 P.3d 515 (2020). Additionally, when, as here, the jurys verdict is unanimous for each count notwithstanding the nonunanimous instruction, the Supreme Court has determined that the erroneous instruction is “harmless beyond a reasonable doubt.” State v. Ciraulo, 367 Or. 350, 354, 478 P.3d 502 (2020). Therefore, we reject defendants challenge to the nonunanimous instruction resulting in a unanimous verdict.
Affirmed.
PER CURIAM