State v. Orr ( 2021 )

672
Argued and submitted December 8, reversed and remanded December 29, 2021,
petition for review denied May 5, 2022 (369 Or 705)
STATE OF OREGON,
Plaintiff-Respondent,
v.
DAVID WAYNE ORR,
Defendant-Appellant.
Marion County Circuit Court
19CR48594; A172278
500 P3d 1290
J. Channing Bennett, Judge.
Jason E. Thompson argued the cause and filed the brief
for appellant.
Mark E. Seepe argued the cause for respondent. On the
brief were Ellen F. Rosenblum, Attorney General, Benjamin
Gutman, Solicitor General, and Joseph Callahan, Assistant
Attorney General.
Before Armstrong, Presiding Judge, and Aoyagi, Judge,
and Hadlock, Judge pro tempore.
PER CURIAM
Reversed and remanded.
Cite as 316 Or App 672 (2021) 673
PER CURIAM
Defendant appeals judgments of conviction for first-
degree unlawful sexual penetration and first-degree sexual
abuse. He raises two assignments of error. We reject his first
assignment of error without written discussion. In his sec-
ond assignment of error, he contends that the trial court
erred by accepting nonunanimous verdicts on both counts.
Ramos v. Louisiana, 590 US ___, 140 S Ct 1390, 206 L Ed 2d
583 (2020). The state concedes that, under Ramos, the con-
victions must be reversed. State v. Ulery, 366 Or 500, 503-05,
464 P3d 1123 (2020) (acceptance of nonunanimous jury ver-
dict is error under Ramos). We agree, accept the concession,
and reverse and remand.
Reversed and remanded.