State v. Douglas

*440GRABER, J.

A jury convicted defendant of aggravated murder by solicitation, ORS 163.095(1)(b),1 and he received a sentence of death. The case is before us on automatic and direct review. ORS 163.150(l)(f) (1987). We affirm the conviction of aggravated murder, vacate the sentence of death, and remand the case for a new penalty phase proceeding.

We state the facts in the light most favorable to the state. State v. Brown, 310 Or 347, 350, 800 P2d 259 (1990). In March 1987, Rene Wright separated from her boyfriend, Chuck Pease, and moved in with defendant. On March 18, Wright and defendant drove to…