Opinion
S066815, A164697
06-04-2020
STATE v. MAY, Christopher Alexander
Petition for review allowed in part, limited to the issue of the appropriate disposition of this case in light of Ramos v. Louisiana, ___ U.S. ___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020); petition for review otherwise denied. For substantially the reasons given in State v. Williams, 366 Or. 495, 466 P.3d 55 (2020), the court waives the rules of appellate procedure to consider defendant's assignment of error, accepts the state's concession that defendant's Sixth Amendment challenge to his conviction on Count 1 qualifies for plain error review, and exercises its discretion to correct the error. The court therefore reverses defendant's conviction on Counts 1. Decision of Court of Appeals reversed in part, judgment of circuit court reversed, and case remanded to the circuit court for further proceedings.
Review Allowed.