State v. Cayson ( 2021 )

98
Submitted November 8; convictions on Counts 3 and 6 reversed and remanded,
remanded for resentencing, otherwise affirmed December 1, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
SENECA HONJUAY ISAIAH CAYSON,
aka Seneca Honjuay Isiah Cayson,
Defendant-Appellant.
Washington County Circuit Court
18CR15470; A172919
500 P3d 773
Oscar Garcia, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Kristin A. Carveth, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Kirsten M. Naito, Assistant Attorney
General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
PER CURIAM
Convictions on Counts 3 and 6 reversed and remanded;
remanded for resentencing; otherwise affirmed.
Cite as 316 Or App 98 (2021) 99
PER CURIAM
Defendant was convicted based on unanimous
jury verdicts on two counts of second-degree kidnapping
(Counts 1 and 2), one count of strangulation (Count 4), and
one count of fourth-degree assault constituting domestic vio-
lence (Count 5). He also was convicted based on nonunan-
imous jury verdicts of coercion (Count 3) and menacing
constituting domestic violence (Count 6). He argues on
appeal that the court erred denying his request for a jury-
unanimity instruction, and instructing the jury it could
return nonunanimous verdicts, which was erroneous under
Ramos v. Louisiana, 590 US ___, 140 S Ct 1390, 206 L Ed
2d 583 (2020). The state concedes the error, and we conclude
that defendant is entitled to reversal of the nonunanimous
guilty verdicts on Counts 3 and 6. Defendant also argues
that the erroneous instruction entitles him to reversal of all
of his convictions because it constituted structural error. We
reject that argument for the reasons set forth in State v.
Flores Ramos, 367 Or 292, 319, 478 P3d 515 (2020).
Convictions on Counts 3 and 6 reversed and
remanded; remanded for resentencing; otherwise affirmed.