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STATE v. TOVREA

Nos. 35032; 35395 to 35397; 35654 to A32069; A32064; (Control); A32066.

702 P.2d 1150 (1985)

74 Or.App. 356

STATE of Oregon, Respondent, v. Daniel Mark TOVREA, Appellant.

Court of Appeals of Oregon.

Decided July 10, 1985.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

In these five criminal cases, which we hereby consolidate on our own motion, defendant challenges his convictions, in each case, for burglary in the first degree. He contends that the enhancement of his offenses to burglary in the first degree from burglary in the second degree because he was armed in each case with an alleged "burglar's tool" was impermissible because the burglar's tool statute, ORS 164.235, is unconstitutionally vague. Defendant is correct...

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