Opinion
A160838, (S067384)
06-04-2020
STATE v. SMITH, Larry Dale, Jr.
Petition for review allowed in part, limited to the issue of the appropriate disposition of this case in light of Ramos v. Louisiana, ___ U.S. ___, 140 S.Ct. 1390, 206 L. Ed. 2d 583 (2020); petition for review 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 convictions qualifies for plain error review and exercises its discretion to correct the error. The court therefore reverses defendant's convictions on Counts 1, 3, and 4. Decision of Court of Appeals reversed in part, judgment of circuit court reversed, and case remanded to the circuit court for further proceedings.
Review Allowed.