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OCR: ARGUMENT ESTABL ISHED PRINCIPL ES OF DOUBLE JEOP ARDY BAR IMPOSITION OF THE DEATH PENALTY BECAUSE SCHIRO WAS AT THE GUILT TRIAL OF THE ELEMENTS OF THE ONLY APPLI CABLE AGGRAV ATORS The issue in this case is whether Schiro's right not be placed twice in jeopardy Wa5 violated when he was senteneed to death on basis findings in aggravation that necessarily the same offense and clements On which he had been acquitted by the jury the guilt trial See Bullington 1 Missouri, 451 U.5 430 (086) The jury acquitted Schiro mens FEK murder the guilt trial when eschewed the state's argument that Schiro knowingly killed. and instead found that the killing was done the commission Despitc this judgment the state asked both 1 and the judge to find Schiro cligible for death and impose death sentence claiming ...