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STATE v. TATE

A155551.

386 P.3d 182 (2016)

282 Or.App. 320

STATE of Oregon, Plaintiff-Respondent, v. Wendell Kenneth TATE, Defendant-Appellant.

Court of Appeals of Oregon.

November 16, 2016.

Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before Sercombe, Presiding Judge, and Tookey, Judge, and DeHoog, Judge.

TOOKEY, J.

We consider this case for the second time on appeal after we remanded the case in State v. Tate, 254 Or.App. 509, 295 P.3d 683, rev. den., 353 Or. 562, 302 P.3d 1182 (2013). Defendant raises four assignments of error concerning the penalty-phase proceeding of his trial and the sentence of life without parole imposed on remand. For the reasons...

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