STATE v. GUZEK

TC 87-CR-0373-TM; SC S35051.

797 P.2d 1031 (1990)

310 Or. 299

STATE of Oregon, Respondent, v. Randy Lee GUZEK, Appellant.

Supreme Court of Oregon.

Decided September 20, 1990.


Attorney(s) appearing for the Case

Michael Mills, Salem, argued the cause and filed the brief on behalf of appellant. With him on the brief was Mills & McMillin, P.C., Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause and filed the brief on behalf of respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Diane S. Lefkow, and Brenda J Peterson, Asst. Attys. Gen., Salem.

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


GILLETTE, Justice.

This criminal case is before us on automatic review of defendant's conviction of aggravated murder and sentence of death. ORS 163.150(1)(f). Defendant raises various challenges to both the guilt and penalty phases of his trial. The guilt phase challenge is not well taken. We therefore affirm defendant's conviction for aggravated murder. The penalty phase, however, was erroneously conducted. We therefore vacate defendant's sentence of death and remand...

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