State v. Detgen

                                406

         Submitted June 5, reversed and remanded July 8, 2020


                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
               DAVID ALLAN DETGEN,
                  Defendant-Appellant.
             Washington County Circuit Court
                  18CR18810; A170027
                             

  Ricardo J. Menchaca, 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.
  Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
  PER CURIAM
  Reversed and remanded.
Cite as 

 (2020)                           407

        PER CURIAM
        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, 

, 

, 

 (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.