State v. Agee

This case is before us on automatic and direct review of defendant’s judgment of conviction and sentence of death for aggravated murder. ORS 138.012(1). For the reasons that follow, we affirm the judgment of conviction, vacate the sentence of death, and remand this case to the circuit court for further proceedings.

I. BACKGROUND

We begin with an overview of relevant facts; we describe additional facts in our discussion of defendant’s assignments of error. Because the jury found defendant guilty, we view the evidence presented at trial in the light most favorable to the state. State v.…