State v. Wellington ( 2020 )

455
Submitted April 2, reversed and remanded May 28, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
JERRY THOMAS WELLINGTON,
Defendant-Appellant.
Clackamas County Circuit Court
17CR09581; A167969
466 P3d 96
Thomas J. Rastetter, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sarah Laidlaw, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jordan R. Silk, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Powers, Judge,
and Kamins, Judge.
PER CURIAM
Reversed and remanded.
456 State v. Wellington
PER CURIAM
Defendant appeals a judgment of conviction for
30 different sex offenses. The jury’s verdict on each convic-
tion was 10-2. On appeal, defendant assigns error to (1) the
trial court’s failure to require the state to elect specific fac-
tual occurrences for each crime; (2) the court’s instruction
to the jury that it could find defendant guilty by nonunani-
mous verdicts; and (3) the court’s entry of convictions on the
30 counts of conviction (Counts 1 and 2, 4 to 10, and 12 to 32)
when the jury was not unanimous on any of those counts.
As for defendant’s second and third assignments of
error, under Ramos v. Louisiana, 590 US ___, 140 S Ct 1390,
206 L Ed 2d 583 (2020), defendant is entitled to reversal
of all of his convictions and a remand for retrial, because
each conviction was based on a 10-2 verdict in violation of
the Sixth Amendment to the United States Constitution.
As for defendant’s first assignment of error, it is predicated
largely on the way the evidence developed at trial, and the
evidence may develop differently on retrial. For that reason,
we decline to reach the first assignment of error.
Reversed and remanded.