State v. Magness

                                 662

     Submitted January 18, reversed and remanded February 16, 2022


                   STATE OF OREGON,
                    Plaintiff-Respondent,
                              v.
                SARAH BETH MAGNESS,
                    Defendant-Appellant.
               Deschutes County Circuit Court
                    18CR05383; A173670
                             

   Walter Randolph Miller, Jr., Judge.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and John Evans, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Patricia G. Rincon, Assistant Attorney
General, filed the brief for respondent.
  Before Mooney, Presiding Judge, and Lagesen, Chief Judge,
and DeHoog, Judge pro tempore.
   PER CURIAM
   Reversed and remanded.
Cite as 

 (2022)                          663

        PER CURIAM
         Defendant was convicted based on nonunanimous
jury verdicts of driving under the influence of intoxicants, ORS 813.011, and resisting arrest, ORS 162.315. On
appeal, she argues that the trial court erred in admitting
hearsay evidence, instructing the jury, over her objection,
that it could return nonunanimous verdicts, and accepting
nonunanimous verdicts. The state concedes that the court
erred with respect to the nonunanimous jury instruction
and the acceptance of nonunanimous verdicts. See Ramos
v. Louisiana, 

, 

, 

(2020) (setting forth Sixth Amendment jury unanimity
requirements). We agree and accept the state’s concessions.
Our disposition obviates the need to address defendant’s
remaining assignment of error.
        Reversed and remanded.