State v. Smith

*4CARSON, J.

Defendant, Charles Franklin Smith, was convicted of aggravated felony murder under ORS 163.095(2).1 After the jury made the requisite findings, he was sentenced to death under ORS 163.150(l)(a).2 By appeal under ORS 163.150(l)(f),3 he seeks reversal of his conviction or, alternatively, of his sentence. For the reasons set forth below, we affirm defendant’s conviction. However, our decision in State v. Wagner, 309 Or 5, 786 P2d 93 (1990), requires that defendant’s case be remanded to the circuit court for a new sentencing phase. We have reviewed all of defendant’s assignments of…