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STATE v. BOOTS

10-86-07965; CA A67325.

826 P.2d 1049 (1992)

112 Or.App. 25

STATE of Oregon, Respondent, v. Christopher Blaine BOOTS, Appellant.

Court of Appeals of Oregon.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause, for appellant. With her on the brief was Sally L. Avera, 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., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for aggravated murder. In State v. Boots, 308 Or. 371, 780 P.2d 725 (1989), the Supreme Court reversed and remanded his conviction for the same crime. It held that, because the state had proceeded on two separate theories on which the jury could find defendant guilty of aggravated murder, rather than murder, the trial court erred by...

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