State v. Rodriguez ( 2021 )

775
Submitted February 9, reversed and remanded March 10, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
JONATHAN JASON RODRIGUEZ,
aka Jonathan J. Rodriguez,
Defendant-Appellant.
Malheur County Circuit Court
17CR32369; A171199
482 P3d 818
Erin K. Landis, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and David O. Ferry, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Christopher A. Perdue, Assistant
Attorney General, filed the brief for respondent.
Jonathan J. Rodriguez filed the supplemental brief pro se.
Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
PER CURIAM
Reversed and remanded.
776 State v. Rodriguez
PER CURIAM
Defendant was convicted by nonunanimous jury
verdict on one count of assault on a public safety officer.
ORS 163.208. Defendant argues that the trial court erred
in denying his motion for judgment of acquittal and erred
in accepting a nonunanimous jury verdict, contrary to the
Sixth Amendment to the United States Constitution. He
makes additional arguments in a supplemental brief. In
Ramos v. Louisiana, 590 US ___, 140 S Ct 1390, 206 L Ed 2d
583 (2020), the United States Supreme Court concluded that
nonunanimous jury verdicts violate the Sixth Amendment.
The state concedes that the trial court’s acceptance of the
nonunanimous verdict was reversible error. We agree,
accept the state’s concession, and exercise our discretion to
correct the error for the reasons set forth in State v. Ulery,
366 Or 500, 464 P3d 1123 (2020). We reject defendant’s other
assignments of error without discussion.
Reversed and remanded.