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STATE v. AGEE

(CC 09C41224; SC S059530).

364 P.3d 971 (2015)

358 Or. 325

STATE of Oregon, Plaintiff-Respondent, v. Isacc Creed AGEE, Defendant-Appellant.

Supreme Court of Oregon, En Banc.

Decided December 3, 2015.

Attorney(s) appearing for the Case

Ryan T. O'Connor, O'Connor Weber LLP, Portland, argued the cause and filed the briefs for petitioner. With him on the briefs was Kenneth A. Kreuscher.

Timothy A. Sylwester, Attorney General, Salem, argued the cause and filed the brief for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Susan G. Howe and Michael S. Shin, Assistant Attorneys General.

This case is before us on automatic and direct review of defendant's judgment of conviction and sentence of death for aggravated murder. ORS 138.012(1). For the reasons that follow, we affirm the judgment of conviction, vacate the sentence of death, and remand this case to the circuit court for further proceedings.

I. BACKGROUND...

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