State v. Tallman ( 2021 )

576
Submitted March 9; convictions on Counts 1 through 6 and Count 12 reversed
and remanded, remanded for resentencing, otherwise affirmed April 7, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
EMILY TALLMAN,
Defendant-Appellant.
Multnomah County Circuit Court
17CR41142; A170902
484 P3d 1132
Melvin Oden-Orr, Judge.
Lindsey Burrows and O’Connor Weber LLC filed the
brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jonathan N. Schildt, Assistant
Attorney General, filed the brief for respondent.
Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
PER CURIAM
Convictions on Counts 1 through 6 and Count 12 reversed
and remanded; remanded for resentencing; otherwise
affirmed.
Cite as 310 Or App 576 (2021) 577
PER CURIAM
Defendant was convicted of fourteen counts of first-
degree theft, ORS 164.055, and seven counts of aggravated
first-degree theft, ORS 164.057.1 The convictions on Counts
1 through 6 and Count 12 were by nonunanimous jury ver-
dict. Defendant appeals the judgment of conviction, raising
three assignments of error. We reject her first assignment
without discussion. In her second and third assignments of
error, she contends that the trial court erred under the Sixth
Amendment to the United States Constitution by instruct-
ing the jury that it could return nonunanimous guilty ver-
dicts and by receiving nonunanimous verdicts. Defendant
asks us to reverse the judgment and remand for a new trial
as to Counts 1 through 6 and Count 12.
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 violated the
Sixth Amendment. The state concedes that because the con-
victions on Counts 1 through 6 and Count 12 were not the
result of unanimous verdicts, those convictions should be
reversed. We agree and accept the state’s concession.
Convictions on Counts 1 through 6 and Count 12
reversed and remanded; remanded for resentencing; other-
wise affirmed.
1
On the state’s pretrial motion, the trial court dismissed one count of posses-
sion of methamphetamine.