This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Submitted August 8, affirmed September 13, 2023, petition for review denied March 7, 2024 (372 Or 107)

DEAN J. SANDERS, Petitioner-Appellant, v. Jamie MILLER, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Malheur County Circuit Court 20CV21239; A177635

J. Burdette Pratt, Senior Judge.

Jason Weber and O’Connor Weber LLC filed the briefs for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed the briefs for respondent.

Before Lagesen, Chief Judge, and Kamins, Judge, and Kistler, Senior Judge.

KAMINS, J.

Affirmed.

170 Sanders v. Miller KAMINS, J.

Petitioner appeals the denial of his request for post- conviction relief (PCR) from his 2011 convictions after a jury trial for multiple counts of unlawful use of a motor vehicle and possession of a stolen vehicle. Petitioner brought this PCR petition after the United States Supreme Court’s deci- sion in Ramos v. Louisiana, 590 US ___, 140 S Ct 1390, 206 L Ed 2d 583 (2020), concluding that the Sixth Amendment to the United States Constitution requires that a jury reach a unanimous verdict to convict someone of a felony.

On appeal, petitioner contends that his convictions were obtained in violation of the state and federal constitutions because they were based on nonunanimous jury verdicts.

Because the record is silent on whether the verdicts were actually nonunanimous, petitioner has not met his burden of proof as to those claims. Mandell v. Miller, 326 Or App 807, 811, 533 P3d 815 (2023) (“[P]ost-conviction petitioners cannot prove that a Ramos violation was consequential in their case when the record does not indicate whether the jury that convicted them was, in fact, nonunanimous, and are therefore not entitled to relief.”).

Affirmed.