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STATE v. GUZEK

CC 87-CR-0373-TM; SC S38455.

906 P.2d 272 (1995)

322 Or. 245

STATE of Oregon, Respondent, v. Randy Lee GUZEK, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 24, 1995.

Attorney(s) appearing for the Case

J. Kevin Hunt, Oregon City, argued the cause on behalf of appellant. With him on the briefs was John P. Daugirda of Roost & Daugirda, Eugene.

Rives Kistler, Assistant Attorney General, Salem, argued the cause on behalf of respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Brenda JP Rocklin, Assistant Attorney General, Salem.

UNIS, Justice.

This case is before this court on automatic and direct review of defendant's sentence of death. ORS 163.150(1)(g). For the reasons that follow, we vacate defendant's sentence of death.

In 1988, defendant was convicted of two counts of aggravated murder and sentenced to death.1 On automatic and direct review of that judgment, this court affirmed defendant's convictions, but vacated defendant's sentence on the basis...

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