311 Or. App. 746 - State v. King

                                 746

      Submitted April 24, 2020, reversed and remanded May 26, 2021


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
                        SUSAN KING,
                      aka Susan M. King,
                     Defendant-Appellant.
                 Jackson County Circuit Court
                     17CR40593; A168809

487 P3d 413



  Timothy Barnack, Judge.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Neil F. Byl, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Michael A. Casper, Assistant Attorney
General, filed the brief for respondent.
  Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
  PER CURIAM
  Reversed and remanded.
Cite as

311 Or App 746

 (2021)                              747

        PER CURIAM
         Defendant, who was found guilty by a nonunanimous jury verdict of first-degree manslaughter, contends
that the trial court plainly erred in instructing the jury that
it could return a nonunanimous verdict and in accepting a
nonunanimous verdict. We agree. After the United States
Supreme Court decided Ramos v. Louisiana,

590 US ___

140 S Ct 1390

206 L Ed 2d 583

 (2020), the Oregon Supreme
Court held that trial court acceptance of a nonunanimous
verdict is plain error. State v. Ulery,

366 Or 500, 504

464 P3d 1123

 (2020). We exercise discretion to correct the error,
for the reasons set forth in Ulery. We therefore do not reach
defendant’s second assignment of error. We reject defendant’s first assignment of error without written discussion.
        Reversed and remanded.