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STATE v. BROWN

CC C87-12-36938/SC S35743.

800 P.2d 259 (1990)

310 Or. 347

STATE of Oregon, Respondent, v. Cornelius Leamonza BROWN, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 20, 1990.

Attorney(s) appearing for the Case

John P. Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Sally L. Avera, Acting Public Defender, Salem.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. Diane S. Lefkow, Asst. Atty. Gen., Salem, filed the brief for respondent. With them on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester and Richard D. Wasserman, Asst. Attys. Gen., Salem.

GRABER, Justice.

A jury convicted defendant of aggravated murder of a witness, ORS 163.095(2)(a)(E),1 felony murder, ORS 163.115(1)(b)(C) and (F),2 burglary in the first degree, ORS 164.225,3 and kidnapping in the first degree, ORS 163.235.4 After the jury answered in the affirmative the three penalty phase...

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