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CHRISTENSON v. THE STATE.
S92P1078.
FLETCHER, Justice.
Murder. Harris Superior Court. Before Judge Struble, from Middle Circuit.
In Christenson v. State, 261 Ga. 80 (402 SE2d 41) (1991), we affirmed Christenson's conviction for murder and armed robbery, but remanded the case to the trial court for further hearing on two penalty-phase issues in this death-penalty case. Specifically, we directed the court on remand to determine (1) whether the district attorney's questions to the defendant's character witnesses were based on reliable information supported by admissible evidence, and (2) whether the defendant's confession to an extrinsic crime was voluntary and admissible in this case. Id. at 90-92.
On remand, the court conducted the required hearing and set forth its detailed findings of fact and conclusions of law in a 19-page order.
1. The proceedings on remand afforded the defendant a full and fair opportunity to address the issues contemplated by our remand.
2. The record supports the findings of the remand court and its conclusion that the prosecutor's cross-examination of the defendant's sentencing-phase witnesses was proper and that the defendant's confession to an extrinsic crime was properly admitted in evidence in this case.
3. As we held previously, the evidence supports the jury's finding that the offense of murder was committed during the commission of armed robbery. OCGA 17-10-30 (b) (2). Now that we have the benefit of the proceedings on remand, we find that Christenson's death sentence was not imposed as the result of passion, prejudice, or other arbitrary factor. OCGA 17-10-35 (c) (1). His death sentence is neither excessive nor disproportionate to penalties imposed in similar cases, considering both the crime and the defendant. OCGA 17-10-35 (c) (3). The similar cases listed in the Appendix support the imposition of a death sentence in this case.
BENHAM, Justice, dissenting.
For the reasons stated in the dissent I filed in Christenson v. State, 261 Ga. 80, 92 (402 SE2d 41) (1991), I respectfully dissent from the affirmance of appellant's death sentence.
APPENDIX.
Douglas C. Pullen, District Attorney, J. Mark Shelnutt, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, Assistant Attorney General, for appellee.
Stephen B. Bright, Charlotta Norby, Richard A. Bunn, for appellant.
DECIDED DECEMBER 2, 1992 -- RECONSIDERATION DENIED DECEMBER 17, 1992.
Thursday May 21 08:27 EDT


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