Opinion
A167344(S067089)
04-08-2021
STATE v. BLUE, Kenneth William
Defendant's petition for review allowed in part, limited to appropriate disposition of Count 1 in light of Ramos v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390, 206 L. Ed. 2d 583 (2020); petition for review otherwise denied. For reasons given in State v. Ulery, 366 Or. 500, 464 P.3d 1123 (2020), the court accepts the state's concession that defendant's Sixth Amendment challenge to his conviction on Count 1 in Deschutes County case no. 15CR57070 qualifies for plain error review and exercises its discretion to correct the error. The court therefore reverses defendant's conviction on Count 1 in case no. 15CR57070. Decision of Court of Appeals reversed in part, judgment of circuit court reversed in part, and case remanded to circuit court for further proceedings.
Review Allowed.