Defendant was found guilty by nonunanimous jury verdict of first-degree manslaughter (Count 2), ORS 163.118. Defendant was found guilty by unanimous jury verdict of second-degree manslaughter (Count 3), ORS 163.125, and unlawful use of a weapon (Count 4), ORS 166.220. Defendant argues that the trial court erred in instructing the jury, over his objection, that it could return nonunanimous verdicts, and in accepting a nonunanimous verdict on Count 2. The state concedes that the trial courts acceptance of a nonunanimous verdict on Count 2 constitutes error that must be reversed in light of Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020). We agree and accept the concession.
With respect to the convictions based on unanimous verdicts, we reject defendants structural-error argument for the reasons stated in State v. Flores Ramos, 367 Or. 292, 478 P.3d 515 (2020).
Conviction on Count 2 reversed and remanded; remanded for resentencing; otherwise affirmed.
PER CURIAM