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STATE v. MONTEZ

CC C870834702; SC S39670.

927 P.2d 64 (1996)

324 Or. 343

STATE of Oregon, Respondent, v. Marco Antonio MONTEZ, II, Appellant.

Supreme Court of Oregon.

Decided November 21, 1996.

Attorney(s) appearing for the Case

John P. Daugirda, Eugene, argued the cause and filed the briefs for appellant. Appellant filed a supplemental brief pro se.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Richard D. Wasserman, Assistant Attorney General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

DURHAM, Justice.

This case is before us for the second time on automatic and direct review of a sentence of death. ORS 163.150(1)(g). In 1988, a jury found that defendant had committed aggravated murder and related offenses, and he was sentenced to death.1 The crimes occurred on June 21, 1987. This court affirmed defendant's convictions but vacated his sentence on the basis of State v. Wagner, 309 Or. 5<...

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