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STATE v. PENIX

No. 86-1723.

32 Ohio St. 3d 369 (1987)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. PENIX, A.K.A. DAVIS, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Stephen A. Schumaker, prosecuting attorney, and David Smith, for appellant and cross-appellee.

Randall M. Dana, public defender, David C. Stebbins and S. Adele Shank, for appellee and cross-appellant.

WRIGHT, J.

I

We first turn to appellee's cross-appeal attacking his conviction. Upon a review of the record, the briefs of the parties, and the exhaustive opinion of the court of appeals, we find no prejudicial error in the guilt phase of the proceedings. Therefore, we affirm appellee's conviction for aggravated murder.

II

We now turn to the penalty phase of the proceedings. During this phase, the trial jury must "determine whether the...

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