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STATE v. LOWERY

B65-863; CA A32678.

693 P.2d 1343 (1985)

71 Or.App. 833

STATE of Oregon, Appellant, v. Ricky Dean LOWERY, Respondent.

Court of Appeals of Oregon.

Decided January 23, 1985.

Attorney(s) appearing for the Case

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Ella D. Johnson, Certified Law Student, Salem.

Daniel J. Ahern, Certified Law Student, Eugene, argued the cause for respondent. With him on the brief were Ross M. Shepard, Public Defender, and Rush M. Hoag, II, Staff Atty., Eugene.

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

PER CURIAM.

The state appeals a trial court judgment dismissing a complaint charging defendant with harassment under ORS 166.065(1)(f),1 on the ground the statute was unconstitutionally vague. Contrary to the view of the trial court, we find the statute clear and unambiguous. Neither do we find merit in any other theory of unconstitutionality advanced by defendant.

Reversed and remanded with instructions to reinstate...

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