STATE v. SMITH

TC No. 87CR-0038; SC S34322.

791 P.2d 836 (1990)

310 Or. 1

STATE of Oregon, Respondent, v. Charles Franklin SMITH, Appellant.

Supreme Court of Oregon.

Reargued August 14, 1989.

Decided May 10, 1990.


Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued and reargued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and John P. Daugirda, Deputy Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Ann Kelley and Brenda J. Peterson, Asst. Attys. Gen., Salem. Timothy A. Sylwester, Asst. Atty. Gen., Salem, reargued the cause for respondent.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.


CARSON, Justice.

Defendant, Charles Franklin Smith, was convicted of aggravated felony murder under ORS 163.095(2).1 After the jury made the requisite findings, he was sentenced to death under ORS 163.150(1)(a).2 By appeal under ORS 163.150(1)(f),3 he seeks reversal of his conviction or, alternatively, of his sentence. For the reasons set...

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