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  5. 837 P.2d 941 (1992)
 

STATE v. McDONNELL

CC J85-0004; SC S38177.

837 P.2d 941 (1992)

313 Or. 478

STATE of Oregon, Respondent, v. Michael Martin McDONNELL, Appellant.

Supreme Court of Oregon, In Banc.

Decided July 9, 1992.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant. With him on the brief were Sally L. Avera, Public Defender, and Diane L. Alessi, Deputy Public Defender, Salem.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Metcalf and Robert B. Rocklin, Asst. Attys. Gen., Salem.

VAN HOOMISSEN, Judge.

This is an automatic and direct review of a judgment of conviction of aggravated murder and sentence of death. Former ORS 163.150(1)(f) (1987) (now ORS 163.150(1)(g)). Defendant seeks reversal of his conviction for aggravated murder. Alternatively, he asks this court to vacate his sentence of death. We affirm defendant's conviction. We vacate his sentence of death and remand this case to the circuit court for further proceedings consistent...

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