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STATE v. MAYNARD

(CC 10-92-06551; CA A81182)

5 P.3d 1142 (2000)

168 Or. App. 118

STATE of Oregon, Respondent, v. John Howard MAYNARD, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted January 13, 2000.

Decided May 31, 2000.

Attorney(s) appearing for the Case

Robert Cole Tozer, Eugene, for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Kaye E. Sunderland, Assistant Attorney General, for respondent.

Before DEITS, Chief Judge, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, and BREWER, Judges.

Resubmitted En Banc January 13, 2000.

BREWER, J.

In State v. Maynard, 138 Or.App. 647, 910 P.2d 1115 (1996), this court held that the prohibition of ORS 167.065(1)(a)1 against furnishing materials to minors that depict "sexual conduct" or "sexual excitement" violated Article I, section 8, of the Oregon Constitution.2 The...

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