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STATE v. JOHNSON

(CC C011654CR; C990528CR; SC S48826).

131 P.3d 173 (2006)

340 Or. 319

STATE of Oregon, Plaintiff on Review, v. Martin Allen JOHNSON, Defendant on Review.

Supreme Court of Oregon.

Decided March 30, 2006.

Attorney(s) appearing for the Case

Eric Johansen, Senior Deputy Public Defender, Salem, argued the cause and filed the brief for defendant on review. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff on review. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Douglas F. Zier, Assistant Attorney General, and Paul L. Smith, Assistant Attorney General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.

GILLETTE, J.

This case is before us on automatic and direct review of defendant's judgment of conviction and sentence of death. Defendant raises numerous assignments of error, none of which are well taken. We therefore affirm the judgments of conviction and the sentence of death.

The case began at 6:30 a.m. on February 24, 1998, when a young woman's body was discovered in the surf on a beach near Warrenton. Within a few days, the Clatsop County Sheriff's Office...

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