Opinion
A162357, (A163187), (S066686)
08-27-2020
STATE v. CAMPBELL, Gary Lee
Petition for review allowed in part, limited to the appropriate disposition of Count 2 in light of Ramos v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020); petition for review is otherwise denied. For the 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 2 in Yamhill County case no. 15CR13064 qualifies for plain error review, and exercises its discretion to correct the error. The court therefore reverses defendant's conviction on Count 2 in case no. 15CR13064. Decision of the Court of Appeals reversed in part, judgment of circuit court reversed in part, and case remanded to the circuit court for further proceedings.
Review Allowed.