Opinion
A171738
07-21-2021
STATE of Oregon, Plaintiff-Respondent, v. Todd Allan WYMER, Defendant-Appellant.
Adam L. Dean, Portland, argued the cause and filed the briefs for appellant. Peenesh Shah, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.
Adam L. Dean, Portland, argued the cause and filed the briefs for appellant.
Peenesh Shah, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.
Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.
PER CURIAM Defendant was convicted of five criminal counts. Defendant requested a unanimous verdict instruction, but the trial court gave a nonunanimous verdict instruction. On Counts 1 and 2, the jury verdicts were nonunanimous. We reverse and remand those counts. Ramos v. Louisiana , 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020). On Counts 3, 4, and 5, the jury verdicts were unanimous. We affirm those counts. State v. Ciraulo , 367 Or. 350, 478 P.3d 502 (2020), cert. den. , ––– U.S. ––––, ––– S. Ct. –––– (2021). We reject without written discussion defendant's remaining assignments of error.
Convictions on Counts 1 and 2 reversed and remanded; remanded for resentencing; otherwise affirmed.