Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jury in a criminal case that the jury can return a nonunanimous guilty verdict?

QUESTION PRESENTED The State of Oregon charged petitioner with four felony and three Class A misdemeanor offenses.! The trial court instructed the jury that it could return a nonunanimous guilty verdict. After deliberations, the jury returned an 11-1 guilty verdict on one felony and 12-0 guilty verdicts on one felony and one misdemeanor.” In Ramos v. Louisiana, 590 U.S. __, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), this Court held that the Sixth Amendment jury-trial right, as incorporated against the states through the Fourteenth Amendment, required a unanimous verdict to convict a defendant of a serious offense. Following that decision, the Oregon Supreme Court held that a trial court’s instruction that a jury may return a nonunanimous guilty verdict violates the Sixth Amendment but that the error is harmless whenever the verdict is unanimous. The question presented is: Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jury in a criminal case that the jury can return a nonunanimous guilty verdict? : Class A misdemeanor offenses are punishable by a maximum incarceration term of 364 days. ORS 161.615(1). 2 The court dismissed one misdemeanor before trial and acquitted defendant of one felony mid-trial. The jury acquitted defendant of one felony and one misdemeanor.