Defendant appeals his convictions for driving under the influence of intoxicants (DUII), ORS 813.011 (Count 1), and misdemeanor driving while suspended, ORS 811.182 (Count 2). Although the misdemeanor was tried to the court, the DUII was tried before a jury, which returned a nonunanimous verdict. On appeal, defendant argues that the trial court erred in denying his motion to suppress evidence and in instructing the jury, over defendants objection, that it could return a nonunanimous verdict. We reject without discussion defendants assignment of error concerning the motion to suppress. With respect to the nonunanimous jury verdict for DUII, the parties agree that defendant is entitled to relief under Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020). We agree and accept the states concession on that point.
Conviction on Count 1 reversed and remanded; remanded for resentencing; otherwise affirmed.
PER CURIAM