State v. Tallman

                                  576

Submitted March 9; convictions on Counts 1 through 6 and Count 12 reversed
 and remanded, remanded for resentencing, otherwise affirmed April 7, 2021


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
                     EMILY TALLMAN,
                    Defendant-Appellant.
               Multnomah County Circuit Court
                    17CR41142; A170902
                              

  Melvin Oden-Orr, Judge.
   Lindsey Burrows and O’Connor Weber LLC filed the
brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jonathan N. Schildt, Assistant
Attorney General, filed the brief for respondent.
  Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
  PER CURIAM
   Convictions on Counts 1 through 6 and Count 12 reversed
and remanded; remanded for resentencing; otherwise
affirmed.
Cite as 

 (2021)                                                 577

           PER CURIAM
         Defendant was convicted of fourteen counts of first-degree theft, ORS 164.055, and seven counts of aggravated
first-degree theft, ORS 164.057.1 The convictions on Counts
1 through 6 and Count 12 were by nonunanimous jury verdict. Defendant appeals the judgment of conviction, raising
three assignments of error. We reject her first assignment
without discussion. In her second and third assignments of
error, she contends that the trial court erred under the Sixth
Amendment to the United States Constitution by instructing the jury that it could return nonunanimous guilty verdicts and by receiving nonunanimous verdicts. Defendant
asks us to reverse the judgment and remand for a new trial
as to Counts 1 through 6 and Count 12.
         In Ramos v. Louisiana, 

, 

,

 (2020), the United States Supreme Court
concluded that nonunanimous jury verdicts violated the
Sixth Amendment. The state concedes that because the convictions on Counts 1 through 6 and Count 12 were not the
result of unanimous verdicts, those convictions should be
reversed. We agree and accept the state’s concession.
         Convictions on Counts 1 through 6 and Count 12
reversed and remanded; remanded for resentencing; otherwise affirmed.




    1
      On the state’s pretrial motion, the trial court dismissed one count of possession of methamphetamine.