State v. Orr

                                  672

Argued and submitted December 8, reversed and remanded December 29, 2021,
             petition for review denied May 5, 2022 (

)


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
                    DAVID WAYNE ORR,
                     Defendant-Appellant.
                  Marion County Circuit Court
                     19CR48594; A172278
                              

   J. Channing Bennett, Judge.
   Jason E. Thompson argued the cause and filed the brief
for appellant.
   Mark E. Seepe argued the cause for respondent. On the
brief were Ellen F. Rosenblum, Attorney General, Benjamin
Gutman, Solicitor General, and Joseph Callahan, Assistant
Attorney General.
  Before Armstrong, Presiding Judge, and Aoyagi, Judge,
and Hadlock, Judge pro tempore.
   PER CURIAM
   Reversed and remanded.
Cite as 

 (2021)                             673

        PER CURIAM
          Defendant appeals judgments of conviction for first-degree unlawful sexual penetration and first-degree sexual
abuse. He raises two assignments of error. We reject his first
assignment of error without written discussion. In his second assignment of error, he contends that the trial court
erred by accepting nonunanimous verdicts on both counts.
Ramos v. Louisiana, 

, 

, 

 (2020). The state concedes that, under Ramos, the convictions must be reversed. State v. Ulery, 

,

 (2020) (acceptance of nonunanimous jury verdict is error under Ramos). We agree, accept the concession,
and reverse and remand.
        Reversed and remanded.