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STATE v. ILLIG-RENN

CR0014215; A114387.

73 P.3d 307 (2003)

189 Or. App. 47

STATE of Oregon, Appellant, v. Rose Mary ILLIG-RENN, Respondent.

Court of Appeals of Oregon.

Decided July 30, 2003.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Ryan Kahn, Assistant Attorney General.

Tammy W. Sun, Deputy Public Defender, argued the cause for respondent. With her on the brief was David Groom, Acting Executive Director, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

KISTLER, J.

Defendant was charged by information with "refusing to obey a lawful order by a peace officer." ORS 162.247(1)(b).1 According to the information, defendant refused "to step down from [a] truck" when ordered to do so. Defendant demurred to the information, arguing that the statutory phrase "lawful order" is overbroad and facially vague. The trial court allowed the demurrer. The state filed a pretrial appeal, arguing that ORS...

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