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STATE v. NERETIN

020342851; A118667.

173 P.3d 834 (2007)

216 Or. App. 453

STATE of Oregon, Plaintiff-Respondent, v. Buff NERETIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Anne Fujita Munsey, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant was charged with violating, among other things, ORS 162.247(1)(b),1 which provides that "[a] person commits the crime of interfering with a peace officer * * * if the person, knowing that another person is a peace officer * * * [r]efuses to obey a lawful order by the peace officer." Before trial, defendant filed a demurrer that asserted that the statute, on its face, is unconstitutionally overbroad and vague under...

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