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STATE v. SIMONSEN

TC 88CR1816; SC S36085.

798 P.2d 241 (1990)

310 Or. 412

STATE of Oregon, Respondent, v. David Lynn SIMONSEN, Appellant.

Supreme Court of Oregon, In Banc.

Decided October 4, 1990.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause and filed the brief, on behalf of appellant. With him on the brief, was Sally L. Avera, Acting Public Defender, Salem.

Brenda J Peterson, Asst. Atty. Gen., Salem, argued the cause and filed the brief, on behalf of respondent. With her on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GILLETTE, Justice.

This criminal case is before us on automatic review of defendant's two convictions for aggravated murder and sentence of death. ORS 163.150. Because defendant pleaded guilty to both counts of aggravated murder, the only issues before us concern the penalty phase of the proceedings. We hold that the penalty phase was erroneously conducted and, therefore, vacate defendant's sentence of death and remand the case for further proceedings.

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