Defendant was convicted based on nonunanimous jury verdicts of driving under the influence of intoxicants, ORS 813.011, and resisting arrest, ORS 162.315. On appeal, she argues that the trial court erred in admitting hearsay evidence, instructing the jury, over her objection, that it could return nonunanimous verdicts, and accepting nonunanimous verdicts. The state concedes that the court erred with respect to the nonunanimous jury instruction and the acceptance of nonunanimous verdicts. See Ramos v. Louisiana, 590 U.S. ––––, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020) (setting forth Sixth Amendment jury unanimity requirements). We agree and accept the states concessions. Our disposition obviates the need to address defendants remaining assignment of error.
Reversed and remanded.
PER CURIAM