No. 16486.

648 P.2d 71 (1981)

STATE of Utah, Plaintiff and Respondent, v. Walter J. WOOD, Defendant and Appellant.

Supreme Court of Utah.

September 21, 1981.

Attorney(s) appearing for the Case

Richard G. MacDougall, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


A jury found defendant guilty of first degree murder. The jury having been waived for the penalty phase, the court heard evidence from the prosecution and defense, and then sentenced the defendant to death. This appeal followed.

A majority of the court holds:

1) That the conviction for first degree murder should be affirmed; and

2) That the sentence of death should be vacated and the case remanded to the district court for resentencing...

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