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STATE v. RANGEL

(CC 95-0127CM; CA A91166; SC S44151)

977 P.2d 379 (1999)

328 Or. 294

STATE of Oregon, Respondent on Review, v. Eduardo Tinoco RANGEL, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted September 30, 1998.

Decided February 26, 1999.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Andy Simrin, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the briefs was Sally L. Avera, Public Defender.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and LEESON, Justices.

VAN HOOMISSEN, J.

The issue in this criminal case is whether Oregon's stalking statute, ORS 163.732, is overbroad in violation of Article I, section 8, of the Oregon Constitution,1 or the First Amendment to the United States Constitution.2 For the reasons discussed below, we hold that the statute is not overbroad under either constitution.

ORS 163.732 provides in part:

"(1) A person commits...

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