) modified and adhered to as
modified, conviction on Count 1 reversed and remanded, remanded for resentencing, otherwise affirmed August 5, 2020
STATE OF OREGON,
Plaintiff-Respondent,
v.
TREVOR MICHAEL RYAN,
Defendant-Appellant.
Lane County Circuit Court
16CR60796; A164233
Clara L Rigmaiden, Judge.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Joanna L. Jenkins, Assistant Attorney
General, for petition.
Before Ortega, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
PER CURIAM
Reconsideration allowed; former opinion modified and
adhered to as modified; conviction on Count 1 reversed and
remanded; remanded for resentencing; otherwise affirmed.
706 State v. Ryan
PER CURIAM
The state petitions for reconsideration of our decision in State v. Ryan,
(2020), to
clarify the disposition so that it reflects that only the conviction for felony driving under the influence of intoxicants
(DUII) is reversed and remanded and that the other convictions are affirmed. Defendant’s DUII conviction (Count 1)
was not the result of a unanimous verdict, and therefore
we reversed and remanded under Ramos v. Louisiana,
590
US ___
,
140 S Ct 1390
,
206 L Ed 2d 583
(2020). Defendant
was also convicted of criminal driving while suspended or
revoked based upon a guilty plea (Count 2) and reckless
driving after a bench trial (Count 3). On appeal, defendant
did not challenge those convictions and did not seek any
relief related to those convictions. Because our earlier disposition simply reversed and remanded on Count 1 and did not
account for Counts 2 and 3, we allow the state’s petition and
modify our disposition.
Reconsideration allowed; former opinion modified
and adhered to as modified; conviction on Count 1 reversed
and remanded; remanded for resentencing; otherwise affirmed.
