STATE v. RODRIGUEZ (2021)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Jonathan Jason RODRIGUEZ, aka Jonathan J. Rodriguez, Defendant-Appellant.

A171199

Decided: March 10, 2021

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and David O. Ferry, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher A. Perdue, Assistant Attorney General, filed the brief for respondent. Jonathan J. Rodriguez filed the supplemental brief pro se.

Defendant was convicted by nonunanimous jury verdict on one count of assault on a public safety officer. ORS 163.208. Defendant argues that the trial court erred in denying his motion for judgment of acquittal and erred in accepting a nonunanimous jury verdict, contrary to the Sixth Amendment to the United States Constitution. He makes additional arguments in a supplemental brief. In Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), the United States Supreme Court concluded that nonunanimous jury verdicts violate the Sixth Amendment. The state concedes that the trial court's acceptance of the nonunanimous verdict was reversible error. We agree, accept the state's concession, and exercise our discretion to correct the error for the reasons set forth in State v. Ulery, 366 Or. 500, 464 P.3d 1123 (2020). We reject defendant's other assignments of error without discussion.

Reversed and remanded.

PER CURIAM

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network