In this appeal, we reverse and remand defendants conviction for harassment, ORS 166.065 (Count 7), which results from the trial courts acceptance of a nonunanimous verdict. See Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020) (nonunanimous verdicts for serious offenses not permitted under the Sixth Amendment to the United States Constitution); State v. Ulery, 366 Or. 500, 503-04, 464 P.3d 1123 (2020) (trial courts acceptance of a nonunanimous jury verdict is plain error). The state concedes the error; we accept the concession; and, for the reasons expressed in Ulery, exercise our discretion to correct the error.
However, we reject defendants structural error challenge to the jury verdicts that were unanimous, Counts 1 through 6. That challenge is foreclosed by State v. Flores Ramos, 367 Or. 292, 294, 334, 478 P.3d 515 (2020) (error in instructing the jury that it could return nonunanimous guilty verdicts did not require reversal of convictions rendered by unanimous guilty verdicts), and State v. Kincheloe, 367 Or. 335, 478 P.3d 507 (2020) (same).
Conviction on Count 7 reversed and remanded; remanded for resentencing; otherwise affirmed.
PER CURIAM