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  5. 877 P.2d 635 (1994)
 

STATE v. PINNELL

Nos. CC C88-00-26CR; SC S39190.

877 P.2d 635 (1994)

319 Or. 438

STATE of Oregon, Respondent, v. Mark Allen PINNELL, Appellant.

Supreme Court of Oregon, In Banc.

Resubmitted and Reassigned June 3, 1994.

Decided August 4, 1994.

Attorney(s) appearing for the Case

Walter J. Todd, Salem, argued the cause and filed the brief for appellant.

Brenda JP Rocklin, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GRABER, Judge.

Defendant was convicted of aggravated murder and sentenced to death in 1988. This court affirmed that conviction but vacated the sentence of death and remanded the case to the trial court for a new penalty-phase proceeding. State v. Pinnell, 311 Or. 98, 806 P.2d 110 (1991).

On remand, the trial court conducted a new penalty-phase proceeding, and defendant again received...

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