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STATE v. CHAKERIAN

C93-07-34971, C93-07-34975, C93-07-34970, C93-07-34972 and C93-07-34973; CA A83155 (Control), CA A83173 to CA A83176.

900 P.2d 511 (1995)

135 Or. App. 368

STATE of Oregon, Appellant, v. Faith Erin CHAKERIAN, Respondent. STATE of Oregon, Appellant, v. Hans Michael VON MOHN, Respondent. STATE of Oregon, Appellant, v. Collin Nyle BEGGS, Respondent. STATE of Oregon, Appellant, v. Mark S. GOSNELL, Respondent. STATE of Oregon, Appellant, v. Robert Peter McDONALD, Jr., Respondent.

Court of Appeals of Oregon.

Decided June 28, 1995.

Review Allowed October 31, 1995.

Attorney(s) appearing for the Case

Ann Kelley, Asst. Atty. Gen., argued the cause for appellant. With her on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Jesse Wm. Barton, Deputy Public Defender, argued the cause for respondents Hans Michael Von Mohn, Mark S. Gosnell and Robert Peter McDonald, Jr. With him on the brief was Sally L. Avera, Public Defender.

No appearance for respondents Erin Faith Chakerian and Collin Nyle Beggs.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

The state appeals, seeking reversal of orders that allowed defendants' demurrers to charges of riot. The trial court concluded that the statute underlying those charges, ORS 166.015, is unconstitutionally overbroad. We reverse and remand.

Defendants were charged, in a single indictment, with violating the anti-rioting statute, ORS 166.015. They demurred, asserting, inter alia, that (1) ORS 166.015 is unconstitutional in that it is directed...

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