03/02/94 State Utah V. Douglas Stewart Carter

Defendant Douglas Stewart Carter appears before this court on appeal for a second time. In December 1985, Carter was convicted of murder in the first degree, in violation of Utah Code Ann. § 76-5-202 (Supp. 1985), *fn1 and was sentenced to death. In his first appeal, State v. Carter, 776 P.2d 886 (Utah 1989) ("Carter I"), we affirmed the murder conviction but vacated the death sentence due to an erroneous jury instruction on aggravating circumstances and remanded the case for a new sentencing proceeding.