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.