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STATE v. ROGERS

CC 88-355, 88-356, 88-357, 88-358, 88-359, 88-360; SC S36344.

836 P.2d 1308 (1992)

313 Or. 356

STATE of Oregon, Respondent, v. Dayton Leroy ROGERS, Appellant.

Supreme Court of Oregon, In Banc.

Decided July 9, 1992.

Reconsideration Denied August 25, 1992.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, 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., Virginia L. Linder, Sol. Gen., and Ann Kelley, Diane S. Lefkow, and Janet A. Metcalf, Asst. Attys. Gen., Salem.

PETERSON, Justice.

Defendant appeals his convictions of 13 counts of aggravated murder and his sentence of death for causing the deaths of six women. Defendant challenges both the guilt and penalty phases of his trial. Because we conclude that no reversible error was committed in the guilt phase, we affirm defendant's convictions for aggravated murder. However, under this court's decision in State v. Wagner, 309 Or. 5,

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