State v. Parsons ( 2020 )

851
Submitted July 6; Count 1 reversed and remanded, otherwise affirmed
August 12, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
DEAN ERIC PARSONS,
aka Dean Parsons,
Defendant-Appellant.
Multnomah County Circuit Court
16CR36224; A167788
471 P3d 824
Leslie G. Bottomly, Judge.
George W. Kelly filed the briefs for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jordan R. Silk, Assistant Attorney
General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Aoyagi, Judge,
and Sercombe, Senior Judge.
PER CURIAM
Count 1 reversed and remanded; otherwise affirmed.
852 State v. Parsons
PER CURIAM
Defendant was convicted of first-degree sodomy
(Count 1) and was acquitted on two other counts. He appeals,
arguing, among other things, that the trial court’s accep-
tance of a nonunanimous guilty verdict was plain error
under Ramos v. Louisiana, 590 US ___, 140 S Ct 1390, 206
L Ed 2d 583 (2020). The state concedes the error: “[T]he
state agrees that it would qualify as plain error, and that,
under State v.Ulery, 366 Or 500, 501, 464 P3d 1123 (2020),
this court should exercise its discretion to review defen-
dant’s Ramos argument and to reverse and remand for a
new trial.” We agree. For the reasons expressed in Ulery, we
exercise our discretion to review the error, and we reverse
and remand Count 1. Id. at 504. That disposition obviates
the need to address defendant’s other assignments of error.
Count 1 reversed and remanded; otherwise affirmed.