STATE v. PLOWMAN

CC C89-12-36912; CA A65145; SC S38328.

838 P.2d 558 (1992)

314 Or. 157

STATE of Oregon, Respondent on Review, v. Darin Dale PLOWMAN, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided August 27, 1992.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Sally L. Avera, Public Defender, Salem.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response to the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Rex Armstrong, of Bogle & Gates, Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.


GRABER, Justice.

INTRODUCTION

The issue in this case is the constitutional validity of ORS 166.165(1)(a)(A), the statute that creates and defines the crime of intimidation in the first degree.1 Defendant and three co-defendants were charged with violating ORS 166.165(1)(a)(A), which makes it a crime for two or more persons, acting together, to "[i]ntentionally, knowingly, or recklessly...

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