State v. Laqua

                                  73

     Submitted September 13, reversed and remanded October 6, 2021


                   STATE OF OREGON,
                    Plaintiff-Respondent,
                              v.
                JOSIAH FRANCIS LAQUA,
          aka Josiah Laqua, aka Josiah F. LaQua,
            aka Josiah Francis Laqua-Rodden,
                   Defendant-Appellant.
               Jackson County Circuit Court
                   19CR18597; A173728
                             

  David J. Orr, Judge. (Judgment)
  Lisa C. Greif, Judge. (Supplemental Judgment)
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Nora Coon, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Shannon T. Reel, Assistant Attorney
General, filed the brief for respondent.
  Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
  PER CURIAM
  Reversed and remanded.
74                                           State v. Laqua

        PER CURIAM
         Defendant was convicted based on nonunanimous
jury verdicts of attempting to elude a police officer, ORS
811.540; reckless driving, ORS 811.140; recklessly endangering another person, ORS 163.195; and failure to perform the duties of a driver when property is damaged, ORS
811.700. He argues on appeal that the trial court erred in
denying his motion for judgment of acquittal on the charge
of failure to perform the duties of a driver; we reject that
argument without discussion. He also argues that he is entitled to reversal of all of his convictions, because the court
erred in instructing the jury that it could return nonunanimous verdicts and further erred in receiving nonunanimous
verdicts on all of the charges. The state concedes that this
was error under Ramos v. Louisiana, 

, 

, 

 (2020). We agree and accept that
concession.
        Reversed and remanded.