Opinion
A166590(S067524)
05-20-2021
STATE v. PANKEY, Harry, III
Petition for review allowed in part, limited to the appropriate disposition of Count 6 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 6 in Lane County case no. 17CR49733 qualifies for plain error review and exercises its discretion to correct the error. The court therefore reverses defendant's convictions on Count 6 in case no. 17CR49733. Decision of Court of Appeals reversed in part; judgment of the circuit court reversed in part, and case remanded to circuit court for further proceedings.
Review Allowed.