State v. Snyder ( 2022 )

124
Submitted December 30, 2021; conviction on Count 2 reversed, remanded for
resentencing, otherwise affirmed January 20; petition for review denied
June 2, 2022 (369 Or 785)
STATE OF OREGON,
Plaintiff-Respondent,
v.
DALE JOHN SNYDER,
Defendant-Appellant.
Curry County Circuit Court
19CR70122; A173595
501 P3d 1146
Cynthia Lynnae Beaman, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Meredith Allen, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Stacy M. Chaffin, Assistant Attorney
General, filed the brief for respondent.
Before Tookey, Presiding Judge, and Aoyagi, Judge, and
Armstrong, Senior Judge.
PER CURIAM
Conviction on Count 2 reversed; remanded for resentenc-
ing; otherwise affirmed.
Cite as 317 Or App 124 (2022) 125
PER CURIAM
In this criminal appeal, the trial court gave the jury
a nonunanimous jury instruction, and the jury returned a
nonunanimous guilty verdict on Count 2 and unanimous
guilty verdicts on Counts 3, 4, 5, and 6 (Defendant was
acquitted on Count 1.). The guilty verdict for Count 3 was
merged into Count 2 and the guilty verdict for Count 6
was merged into Count 4. Defendant assigns as error the
trial court’s denial of his motion for judgment of acquittal
(MJOA) on Count 5, and he raises a challenge under Ramos
v. Louisiana, 590 US ___, 140 S Ct 1390, 206 L Ed 2d 583(2020). We reject the assignment of error concerning the
MJOA without written discussion. As to defendant’s Ramos
challenge, we accept the state’s concession that the trial
court erred in accepting the nonunanimous guilty verdict
for Count 2 and reject defendant’s arguments concerning
the verdicts for which the jury unanimously found defen-
dant guilty. Ramos, 590 US ___; State v. Flores Ramos, 367
Or 292, 319, 334, 478 P3d 515 (2020). We reverse defendant’s
conviction on Count 2 and remand the case for resentencing,
which includes entering a new disposition for Count 3. See
State v. Bittick, 316 Or App 686, 687-88, 502 P3d 1196 (2021)
(doing same).
Conviction on Count 2 reversed; remanded for
resentencing; otherwise affirmed.