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State v. Harry

Supreme Court of Oregon.
Apr 8, 2021
367 Or. 824 (Or. 2021)

Opinion

A167756(S067665)

04-08-2021

STATE v. HARRY, Kester Gordon


Defendant's petition for review allowed in part, limited to 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 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 2 in Polk County case no. 17CR07025 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. 17CR07025. 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.


Summaries of

State v. Harry

Supreme Court of Oregon.
Apr 8, 2021
367 Or. 824 (Or. 2021)
Case details for

State v. Harry

Case Details

Full title:STATE v. HARRY, Kester Gordon

Court:Supreme Court of Oregon.

Date published: Apr 8, 2021

Citations

367 Or. 824 (Or. 2021)
484 P.3d 314