Opinion
A165852 (S067012)
02-04-2021
STATE v. HENRY, Rayonte Kenneth
Petition for review allowed in part, limited to the disposition of defendant's challenge to the jury's verdict on 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 the jury's guilty verdict on Count 2 in Multnomah County case no. 16CR56079 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. 16CR56079 and the jury's guilty verdict on that count. This disposition does not affect the jury's unanimous guilty verdicts on Counts 1 and 3. 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.