Opinion
A166020 A166021 S066990
04-08-2021
STATE v. MANZANARES-HERNANDEZ, Rigoberto
Defendant's petition for review allowed in part, limited to appropriate disposition of Count 1 in case no. 16CR74436 and Counts 2 and 3 in case no. 17CR0770 in light of Ramos v. Louisiana, 590 US ___, 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 Marion County case no. 16CR74436 and Counts 2 and 3 in Marion County case no. 17CR0770 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. 16CR74436 and Counts 2 and 3 in case no. 17CR0770. 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.