*1 860
Submitted May 8, reversed and remanded June 17, 2020 STATE OF OREGON, Plaintiff-Respondent, v.
JAMES DANIEL WORLEY, Defendant-Appellant.
Deschutes County Circuit Court 14FE1644; A167772 464 P3d 1152 Beth M. Bagley, Judge.
Ryan Scott filed the briefs for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher A. Perdue, Assistant Attorney General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Kamins, Judge, and Landau, Senior Judge.
PER CURIAM
Reversed and remanded. Cite as 304 Or App 860 (2020) 861 PER CURIAM Defendant was found guilty by a nonunanimous jury of six counts of first-degree sexual abuse (the six guilty ver - dicts merged for a total of three convictions), ORS 163.427, and one count of attempted first-degree sodomy, ORS 163.405. Defendant argues that the trial court’s acceptance *2 of nonunanimous verdicts constitutes plain error under the Sixth Amendment to the United States Constitution. In Ramos v. Louisiana , 590 US ___, 140 S Ct 1390, 206 L Ed 2d 583 (2020), the Court concluded that nonunanimous jury verdicts violated the Sixth Amendment. In State v. Ulery , 366 Or 500, 504, 464 P3d 1123 (2020), the Oregon Supreme Court concluded that a trial court’s acceptance of a nonunan- imous verdict constituted plain error and exercised discre- tion to correct that error in light of the gravity of the error and because failure to raise the issue in the trial court did not weigh heavily against correction as the trial court would not have been able to correct the error under controlling law.
The state concedes that the trial court’s acceptance of nonunanimous verdicts in this case constitutes plain error. For the reasons set forth in Ulery , we exercise our dis- cretion to correct the error in this case. Our disposition obvi- ates the need to address defendant’s remaining arguments.
Reversed and remanded.