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STATE v. MONTEZ

TC C8708-34702; SC S35291.

789 P.2d 1352 (1990)

309 Or. 564

STATE of Oregon, Respondent, v. Marco Antonio MONTEZ, Appellant.

Supreme Court of Oregon.

Decided April 3, 1990.

Attorney(s) appearing for the Case

Paul J. De Muniz, Salem, argued the cause, for appellant. With him on the briefs, were Susan G. Bischoff and Garrett, Seidemen, Hemann, Robertson & De Muniz, P.C., Salem.

Jonathan Fussner, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the response, were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Ann Farmer Kelley and Brenda J Peterson, Asst. Attys. Gen., Salem.

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

VAN HOOMISSEN, Judge.

This is an automatic and direct review of a judgment of conviction of aggravated murder and sentence of death. ORS 163.150(1)(f). Defendant seeks reversal of his conviction for aggravated murder. Alternatively, he requests this court to vacate his death sentence. We affirm defendant's conviction of aggravated murder. We reverse the trial court's judgment as to defendant's sentence and remand this case for resentencing. See State v. Wagner...

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