Opinion
A165056(S067082)
04-08-2021
STATE v. JOHNSON, Sean Michael
Defendant's petition for review allowed in part, limited to appropriate disposition of Counts 1 and 2 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 convictions on Counts 1 and 2 in Marion County case no. 14C44115 qualifies for plain error review and exercises its discretion to correct the error. The court therefore reverses defendant's convictions on Counts 1 and 2 in case no. 14C44115. Decision of Court of Appeals reversed in part; judgment of circuit court reversed in part, and case remanded to circuit court for further proceedings. Nakamoto, J., would allow review of the fourth and fifth questions presented.
Review Allowed.