STATE v. ZURANSKI

Criminal law — Aggravated murder — Remand of case to trial court following vacation of death sentence, but affirmance of guilt-phase proceedings — Trial court may not reimpose death sentence — Only option is life imprisonment.

This cause (court of appeals No. 50447) is allowed as to Proposition of Law No. XV only, and as so allowed is reversed on authority of State v. Penix (1987), 32 Ohio St.3d 369, 513 N.E.2d 744, and remanded to the trial court for resentencing in accordance with that decision.

MOYER, C.J., SWEENEY, LOCHER, DOUGLAS, WRIGHT AND H. BROWN, JJ., concur.

HOLMES, J., dissents.

HOLMES, J, dissenting.

I dissent for the reasons stated in my dissenting opinion in State v. Penix (1987), 32 Ohio St.3d 369, 513 N.E.2d 744.