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STATE v. DOUGLAS

CC J88-0944; SC S36035.

800 P.2d 288 (1990)

310 Or. 438

STATE of Oregon, Respondent, v. Ricky Leon DOUGLAS, Appellant.

Supreme Court of Oregon, In Banc.

Decided October 25, 1990.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. On the brief were Sally L. Avera, Acting Public Defender, and John P. Daugirda, Deputy Public Defender, Salem.

Brenda J Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GRABER, Judge.

A jury convicted defendant of aggravated murder by solicitation, ORS 163.095(1)(b),1 and he received a sentence of death. The case is before us on automatic and direct review. ORS 163.150(1)(f) (1987). We affirm the conviction of aggravated murder, vacate the sentence of death, and remand the case for a new penalty phase proceeding.

We state the facts in the light most favorable to the state. State v. Brown,<...

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