STATE v. GUZEK

(SC S45272).

153 P.3d 101 (2007)

342 Or. 345

STATE of Oregon, Plaintiff on Review, v. Randy Lee GUZEK, Defendant on Review.

Supreme Court of Oregon.

Decided February 15, 2007.


Attorney(s) appearing for the Case

Mary H. Williams, Solicitor General, Salem, filed the brief for plaintiff on review. With her on the brief was Hardy Myers, Attorney General.

J. Kevin Hunt, Oregon City, filed the brief for defendant on review. With him on the brief was Richard L. Wolf.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, RIGGS, Justices, and WALTERS, Justice pro tempore.


GILLETTE, J.

This case is before us on remand from the United States Supreme Court. In our prior decision, we vacated defendant's death sentence and remanded his case to the trial court for a new sentencing proceeding. State v. Guzek, 336 Or. 424, 86 P.3d 1106 (2004) (Guzek III). In doing so, we addressed not only the issue that required (as the state conceded) remand for a new trial,...

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