State v. Montez

*567VAN HOOMISSEN, J.

This is an automatic and direct review of a judgment of conviction of aggravated murder and sentence of death. ORS 163.150(1)(f). Defendant seeks reversal of his conviction for aggravated murder. Alternatively, he requests this court to vacate his death sentence. We affirm defendant’s conviction of aggravated murder. We reverse the trial court’s judgment as to defendant’s sentence and remand this case for resentencing. See State v. Wagner, 309 Or 5, 786 P2d 93 (1990); see also Penry v. Lynaugh, 492 US_, 109 S Ct 2934, 106 L Ed 2d 256 (1989).

I. SUMMARY OF FACTS

On June 20,…