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STATE v. PORTER

M87-1906; CA A47698.

768 P.2d 940 (1989)

95 Or.App. 373

STATE of Oregon, Appellant, v. Robert Lewis PORTER, Respondent.

Court of Appeals of Oregon.

Decided February 22, 1989.

Reconsideration Denied April 21, 1989.

Attorney(s) appearing for the Case

Frank Gruber, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Charles F. Lee, Roseburg, argued the cause for respondent. With him on the brief was Parsons & Lee, Ltd., Roseburg.

Before JOSEPH, C.J., and ROSSMAN and GRABER, JJ.

PER CURIAM.

Defendant was charged with failure to perform the duties of a driver under ORS 811.700(1)(c).1 He demurred to the complaint. The trial court allowed the demurrer "on the ground that ORS 811.700(1)(c) is unconstitutionally vague." The state appeals from the judgment on the demurrer, pursuant to ORS 135.660.

The statute is not unconstitutionally vague. The requirement that a...

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