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STATE v. MIRANDA

CC C87-03-31650/SC S34970.

786 P.2d 155 (1990)

309 Or. 121

STATE of Oregon, Respondent, v. Reyes MIRANDA, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 11, 1990.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Diane S. Lefkow, Michael C. Livingston, Janet A. Metcalf, and Timothy A. Sylwester, Asst. Attys. Gen., Salem.

JONES, Justice.

This is a case of automatic review of a conviction of aggravated murder and sentence of death. Defendant challenges both his conviction and the resulting sentence. We find his extensive arguments concerning the guilt phase not well taken and affirm his conviction for aggravated murder. We find the sentencing proceeding to be inadequate for the reasons set forth in our opinion in State v. Wagner, 309 Or. 5,

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