State v. Metz

Defendant appeals from a conviction for two counts of aggravated murder. ORS 163.095. In the first penalty-phase jury proceeding, defendant was sentenced to life imprisonment without the possibility of parole. In State v. Metz, 131 Or App 706, 887 P2d 795 (1994), rev den 323 Or 483 (1996), we remanded for a new penalty-phase proceeding, which again resulted in a sentence of life imprisonment without the possibility of parole. On appeal, defendant seeks vacation of his sentence and remand for a new penalty-phase jury proceeding. For the reasons set forth below, we remand for resentencing.

Becaus…