637
Submitted June 29, affirmed July 28, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
CHRISTOPHER WALKER,
Defendant-Appellant.
Lake County Circuit Court
18CR59363; A173166
David M. Vandenberg, Judge.
Kenneth A. Kreuscher filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Timothy A. Sylwester, Assistant
Attorney General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
PER CURIAM
Affirmed.
638 State v. Walker
PER CURIAM
Defendant appeals a judgment of conviction for sodomy in the first degree, arguing that the trial court erred in
declining to order a presentence report as required by ORS
144.791(2) (mandating that a trial court “shall” order a presentence report in felony sex abuse cases absent an exception). The state responds that defendant’s sentence qualified for a statutory exception to that requirement because
the offense for which defendant was convicted entails “a
mandatory minimum prison sentence and no departure is
sought by the court, district attorney or defendant.” ORS
144.791(2)(b). In the trial court, defendant did challenge the
sentencing scheme as unconstitutional, but he did not seek
a departure based on any fact specific to his crime or background. Because defendant did not seek a departure based
on circumstances specific to him or his crime, the trial court
was not obligated to order a presentence report under ORS
144.791(2)(b).
Defendant further argues that, although the verdict was unanimous, the trial court committed structural
error in instructing the jury that it could return nonunanimous verdicts. That argument is foreclosed by State v. Flores
Ramos,
