STATE v. ORR (2021)

Defendant appeals judgments of conviction for first-degree unlawful sexual penetration and first-degree sexual abuse. He raises two assignments of error. We reject his first assignment of error without written discussion. In his second assignment of error, he contends that the trial court erred by accepting nonunanimous verdicts on both counts. Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020). The state concedes that, under Ramos, the convictions must be reversed. State v. Ulery, 366 Or. 500, 503-05, 464 P.3d 1123 (2020) (acceptance of nonunanimous jury verdict is error under Ramos). We agree, accept the concession, and reverse and remand.

Reversed and remanded.

PER CURIAM