STATE v. GUZEK

(CC 87-CR-0373-TM; SC S45272).

86 P.3d 1106 (2004)

336 Or. 424

STATE of Oregon, Plaintiff on Review, v. Randy Lee GUZEK, Defendant on Review.

Supreme Court of Oregon.

Decided March 4, 2004.


Attorney(s) appearing for the Case

J. Kevin Hunt, Oregon City, argued the cause for defendant on review. With him on the brief was Eric M. Cumfer, Salem.

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause for plaintiff on review. With him on the briefs were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Robert B. Rocklin and Holly A. Vance, Assistant Attorneys General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, and De MUNIZ, Justices.


RIGGS, J.

This case is before us on automatic and direct review of a judgment that imposed a sentence of death for aggravated murder. Former ORS 163.150(1)(g) (1997), repealed by Or. Laws 1999, ch. 1055, § 1.1 This court previously affirmed defendant's conviction of two counts of aggravated murder, State v. Guzek, 310 Or. 299, 304,

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