PER CURIAM.
Defendant appeals his conviction for racial intimidation in the first degree. ORS 166.165. We remand for modification of the judgment and sentence.
Defendant first argues that the court erred in overruling his demurrer, made on the ground that ORS 166.165 violates the free speech guarantee of the state constitution. We have upheld the statute in the face of a similar constitutional challenge. State v. Hendrix,
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