State v. Guzek

*426RIGGS, J.

This case is before us on automatic and direct review of a judgment that imposed a sentence of death for aggravated murder. Former ORS 163.150(l)(g) (1997), repealed by Or Laws 1999, ch 1055, § l.1 This court previously affirmed defendant’s conviction of two counts of aggravated murder, State v. Guzek, 310 Or 299, 304, 797 P2d 1031 (1990) (Guzek I), but twice vacated his sentence of death and remanded for further penalty-phase proceedings, as discussed below. On this third review, the state concedes — and we agree — that the trial court erred in failing to instruct the jury on the…