State v. Orr

Full title: STATE OF OREGON, Plaintiff-Respondent, v. DAVID WAYNE ORR…

Court: Court of Appeals of Oregon

Date published: Dec 29, 2021

316 Or. App. 672 (Or. Ct. App. 2021)

500 P.3d 1290

Opinion

A172278

12-29-2021

STATE of Oregon, Plaintiff-Respondent, v. David Wayne ORR, Defendant-Appellant.

Jason E. Thompson, Salem, argued the cause and filed the brief for appellant. Mark E. Seepe argued the cause for respondent. On the brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joseph Callahan, Assistant Attorney General.

PER CURIAM.

Jason E. Thompson, Salem, argued the cause and filed the brief for appellant.

Mark E. Seepe argued the cause for respondent. On the brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joseph Callahan, Assistant Attorney General.

Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Hadlock, Judge pro tempore.

PER CURIAM

Defendant appeals judgments of conviction for first-degree unlawful sexual penetration and first-degree sexual abuse. He raises two assignments of error. We reject his first assignment of error without written discussion. In his second assignment of error, he contends that the trial court erred by accepting nonunanimous verdicts on both counts. Ramos v. Louisiana , 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020). The state concedes that, under Ramos , the convictions must be reversed. State v. Ulery , 366 Or. 500, 503-05, 464 P.3d 1123 (2020) (acceptance of nonunanimous jury verdict is error under Ramos ). We agree, accept the concession, and reverse and remand.

Reversed and remanded.