CITY OF SALEM v. GUILLEN

07C40078; A136956.

227 P.3d 171 (2009)

233 Or. App. 133

CITY OF SALEM, Plaintiff-Appellant, v. Laurel GUILLEN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 30, 2009.


Attorney(s) appearing for the Case

Sean T. Brady, Assistant City Attorney, argued the cause and filed the briefs for appellant.

Kevin T. Lafky argued the cause for respondent. With him on the brief was Leslie D. Gomez.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


PER CURIAM.

Defendant was convicted in Salem Municipal Court of one count of prohibited touching. Salem Revised Code (SRC) 96.300(a). She appealed to Marion County Circuit Court for trial de novo, as authorized by ORS 221.359 and ORS 221.360, and moved to dismiss the charges on the ground (among others) that the code provision violates Article I, section 8, of the Oregon Constitution, the state's free expression guarantee. The court agreed and dismissed the...

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