State v. Monagon ( 2022 )

529
Argued and submitted March 7; Counts 1 through 8 reversed and remanded,
remanded for resentencing, otherwise affirmed May 11; petition for review
denied October 6, 2022 (370 Or 303)
STATE OF OREGON,
Plaintiff-Respondent,
v.
VAUGHN LESLIE MONAGON,
Defendant-Appellant.
Yamhill County Circuit Court
18CR05905; A173723
508 P3d 998
John L. Collins, Judge.
Thaddeus Betz argued the cause and filed the briefs for
appellant.
Michael A. Casper, Assistant Attorney General, argued
the cause for respondent. Also on the brief were Ellen F.
Rosenblum, Attorney General, and Benjamin Gutman,
Solicitor General.
Before Tookey, Presiding Judge, and Egan, Judge, and
Kamins, Judge.
PER CURIAM
Counts 1 through 8 reversed and remanded; remanded
for resentencing; otherwise affirmed.
530 State v. Monagon
PER CURIAM
Defendant appeals a judgment of conviction for
multiple counts of first-degree sexual abuse, ORS 163.427.
Counts 1 through 8 were tried to a jury, and the jury returned
nonunanimous guilty verdicts. Counts 9 and 10 were tried
to the court, which rendered guilty verdicts.1
On appeal, defendant raises eight assignments
of error. We write to address defendant’s first and second
assignments of error and reject his third through eighth
assignments of error without discussion.
In his first assignment of error, defendant argues
that the trial court erred by failing to instruct the jury that,
to find defendant guilty of Counts 1 through 8, it must do so
unanimously. In his second assignment of error, defendant
contends that the trial court erred in accepting a nonunan-
imous verdict in Counts 1 through 8. The state concedes
that the trial court erred by so failing to instruct the jury
and by entering convictions on Counts 1 through 8 based on
nonunanimous verdicts. In light of Ramos v. Louisiana, 590
US ___, 140 S Ct 1390, 206 L Ed 2d 583 (2020), we agree
with the state and accept those concessions.
Counts 1 through 8 reversed and remanded; remanded
for resentencing; otherwise affirmed.
1
The trial court merged Counts 9 and 10 into a single conviction.