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STATE v. GRAVES

TC 10-83-04736; CA A30867; SC S31011.

700 P.2d 244 (1985)

299 Or. 189

STATE of Oregon, Respondent On Review, v. Steven Ernest GRAVES, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided May 29, 1985.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the memorandum of law and brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the memorandum of law and brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

CARSON, Justice.

The issues here are whether an ordinary screwdriver is a burglar's tool within the meaning of the first degree burglary statute and whether a part of the definition of burglar's tools incorporated by reference into the first degree burglary statute is impermissibly vague.

Defendant was indicted for burglary in the first degree in violation of ORS 164.225(1)(a) which has the effect of increasing by 15 years the penalty for second degree burglary...

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