State v. Orr

• Decision Date: 29 December 2021
• Docket Number: A172278
• Parties: STATE of Oregon, Plaintiff-Respondent, v. David Wayne ORR, Defendant-Appellant.
• Court: Oregon Court of Appeals

316 Or.App. 672

500 P.3d 1290 (Mem)

STATE of Oregon, Plaintiff-Respondent,

v.David Wayne ORR, Defendant-Appellant.

A172278

Court of Appeals of Oregon.

December 29, 2021

Argued and submitted December 8, 2021

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.