STATE v. PARSONS (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Dean Eric PARSONS, aka Dean Parsons, Defendant-Appellant.

A167788

Decided: August 12, 2020

Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge.

George W. Kelly filed the briefs for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jordan R. Silk, Assistant Attorney General, filed the brief for respondent.

Defendant was convicted of first-degree sodomy (Count 1) and was acquitted on two other counts. He appeals, arguing, among other things, that the trial court's acceptance of a nonunanimous guilty verdict was plain error under Ramos v. Louisiana, ––– U.S. ––––, 140 S. Ct. 1390, 206 L Ed. 2d 583 (2020). The state concedes the error: “[T]he state agrees that it would qualify as plain error, and that, under State v.Ulery, 366 Or. 500, 501, 464 P.3d 1123 (2020), this court should exercise its discretion to review defendant's Ramos argument and to reverse and remand for a new trial.” We agree. For the reasons expressed in Ulery, we exercise our discretion to review the error, and we reverse and remand Count 1. Id. at 504, 464 P.3d 1123. That disposition obviates the need to address defendant's other assignments of error.

Count 1 reversed and remanded; otherwise affirmed.

PER CURIAM

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