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STATE v. McKENZIE

TC C87-02-30673; CA A44952; SC S35592.

771 P.2d 264 (1989)

307 Or. 554

STATE of Oregon, Respondent On Review, v. Richard Leon McKenzie, Petitioner On Review.

Supreme Court of Oregon.

Decided March 21, 1989.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause and filed the petition on behalf of the petitioner on review. With her on the petition was Gary D. Babcock, Public Defender, Salem.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause and filed the response on behalf of the respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Laura S. Anderson, Asst. Atty. Gen., Salem.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE and FADELEY, JJ.

GILLETTE, Justice.

The issue in this case is whether a criminal statute may be challenged for unconstitutional vagueness by a motion for a judgment of acquittal made at the conclusion of the State's case. The Court of Appeals determined that such a challenge was not timely and affirmed defendant's conviction without reaching the merits of his claim. State v. McKenzie, 92 Or.App. 647, 759 P.2d 1123

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