STATE v. DETGEN (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. David Allan DETGEN, Defendant-Appellant.

A170027

Decided: July 08, 2020

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, 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 Greg Rios, Assistant Attorney General, filed the brief for respondent.

Defendant was convicted by nonunanimous jury verdicts on three counts of first-degree sexual abuse. ORS 163.427. Defendant argues that the trial court's acceptance of nonunanimous jury verdicts constitutes error under the Sixth Amendment to the United States Constitution. In Ramos v. Louisiana, ––– U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d. 583 (2020), the United States Supreme Court concluded that nonunanimous jury verdicts violated the Sixth Amendment.

The state concedes that the trial court's acceptance of nonunanimous verdicts in this case was reversible error, and we agree. Our disposition obviates the need to address defendant's remaining arguments.

Reversed and remanded.

PER CURIAM

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