State v. McDonnell

Defendant appeals from a judgment that imposed a sentence of death following his conviction for aggravated murder. The judgment is subject to automatic review in this court. ORS 163.150(l)(g). For the reasons that follow, we vacate the sentence of death and remand this case to the circuit court for further penalty-phase proceedings.

Defendant assigns error to the circuit court’s refusal to permit the jury, under ORS 163.150(5)(a) (1993) (quoted below), to consider the option of sentencing defendant to life in prison without the possibility of parole and, consistent with the ex post facto…