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STATE v. HUTCHINS

04C52451; A128171.

164 P.3d 318 (2007)

214 Or. App. 260

STATE of Oregon, Plaintiff-Respondent, v. Thomas B. HUTCHINS, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted June 7, 2007.

Decided July 25, 2007.

Attorney(s) appearing for the Case

Whitney P. Boise argued the cause for appellant. With her on the brief were Rebecca A. Blaney and Hoevet, Boise & Olson, P.C.

Laura S. Anderson, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc June 7, 2007.

SCHUMAN, J.

Defendant was convicted of violating ORS 166.275, possession of a weapon by an inmate, based on statements that he made during a disciplinary hearing at the Oregon State Penitentiary (OSP). On appeal, defendant argues that the statute under which he was convicted is unconstitutionally vague as written; that the term "weapon" does not encompass the hypodermic needle and syringe that he was found to have possessed...

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