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STATE v. McKENZIE

C87-02-30673; CA A44952.

775 P.2d 907 (1989)

97 Or.App. 267

STATE of Oregon, Respondent, v. Richard Leon McKenzie, Appellant.

Court of Appeals of Oregon.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane and Gary D. Babcock, Public Defender, Salem, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

This case is on remand from the Supreme Court to consider defendant's claim that ORS 162.135(4) is unconstitutionally vague. State v. McKenzie, 307 Or. 554, 771 P.2d 264 (1989). The pertinent facts are in the Supreme Court's opinion and in our previous opinion, 92 Or.App. 647, 759 P.2d 1123 (1988).

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