STATE v. NEFSTAD

CC C87-03-31733, SC S34971.

789 P.2d 1326 (1990)

309 Or. 523

STATE of Oregon, Respondent, v. Stephen Leroy NEFSTAD, Appellant.

Supreme Court of Oregon.

Decided April 3, 1990.

Reconsideration Denied May 3, 1990.


Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause and filed the brief and reply brief, for appellant.

Timothy A. Sylwester, 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 Diane S. Lefkow, Michael C. Livingston, Janet A. Metcalf and Brenda J Peterson, Asst. Attys. Gen.

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


JONES, Judge.

In this case of automatic review, defendant appeals his conviction of aggravated murder and associated death sentence. We affirm defendant's conviction of aggravated murder. We find the sentencing proceeding to be inadequate for the reasons stated in State v. Wagner, 309 Or. 5, 786 P.2d 93 (1990). Accordingly, we remand the case to the circuit court for a new sentencing proceeding...

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