State v. Ryan ( 2020 )

705
On respondent’s petition for reconsideration filed June 11; reconsideration
allowed, former opinion (304 Or App 458, 466 P3d 74) modified and adhered to as
modified, conviction on Count 1 reversed and remanded, remanded for resen-
tencing, otherwise affirmed August 5, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
TREVOR MICHAEL RYAN,
Defendant-Appellant.
Lane County Circuit Court
16CR60796; A164233
471 P3d 159
Clara L Rigmaiden, Judge.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Joanna L. Jenkins, Assistant Attorney
General, for petition.
Before Ortega, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
PER CURIAM
Reconsideration allowed; former opinion modified and
adhered to as modified; conviction on Count 1 reversed and
remanded; remanded for resentencing; otherwise affirmed.
706 State v. Ryan
PER CURIAM
The state petitions for reconsideration of our deci-
sion in State v. Ryan, 304 Or App 458, 466 P3d 74 (2020), to
clarify the disposition so that it reflects that only the con-
viction for felony driving under the influence of intoxicants
(DUII) is reversed and remanded and that the other con-
victions are affirmed. Defendant’s DUII conviction (Count 1)
was not the result of a unanimous verdict, and therefore
we reversed and remanded under Ramos v. Louisiana, 590
US ___, 140 S Ct 1390, 206 L Ed 2d 583 (2020). Defendant
was also convicted of criminal driving while suspended or
revoked based upon a guilty plea (Count 2) and reckless
driving after a bench trial (Count 3). On appeal, defendant
did not challenge those convictions and did not seek any
relief related to those convictions. Because our earlier dispo-
sition simply reversed and remanded on Count 1 and did not
account for Counts 2 and 3, we allow the state’s petition and
modify our disposition.
Reconsideration allowed; former opinion modified
and adhered to as modified; conviction on Count 1 reversed
and remanded; remanded for resentencing; otherwise affirmed.