2accepted the certification.
ORS 19.405 (procedures for certification of appeal).
For 1the reasons set forth below, we conclude that the reprieve is valid and effective.2Accordingly, we reverse the judgment of the trial court.3I. FACTS AND PROCEEDINGS BELOW4The facts are undisputed. Gary Haugen has been an inmate in the Oregon5State Penitentiary since 1981, when he was convicted of murder and sentenced to life in6 prison. In 2007, while he was serving that sentence, a jury convicted Haugen of 7aggravated murder for the murder of a fellow inmate, and the jury sentenced Haugen to8death. This court affirmed the judgment of conviction and sentence of death.
, 349 Or 174, 176, 243 P3d 31 (2010).10After this court affirmed Haugen's conviction and sentence, he decided not11to pursue any further appeals. Following two death warrant hearings, the trial court set12an execution date of December 6, 2011. Before that date, Governor Kitzhaber issued a13reprieve, which read, in part:14"WHEREAS, Oregon's application of the death penalty is not fairly15and consistently applied, and I do not believe that state-sponsored16executions bring justice;17"NOW, THEREFORE, by virtue of the authority vested in me by18Article V, Section 14 of the Oregon Constitution, I, John A. Kitzhaber,19
ORS 19.405(1) provides, in part: "When the Court of Appeals has jurisdiction of an appeal, the court, through the Chief Judge and pursuant to appellaterules, may certify the appeal to the Supreme Court in lieu of disposition by the Court of Appeals." Under ORS 19.405(2), "The Supreme Court * * * may accept or denyacceptance of the certified appeal."