Opinion
No. 143278, CA 16076
Argued and submitted March 10, 1980
Reversed and remanded for trial March 24, 1980 Reconsideration denied June 5, 1980 Petition for review denied September 3, 1980 ( 289 Or. 587)
Appeal from District Court, Multnomah County.
Aaron Brown, Jr., Judge.
Karen H. Green, Assistant Attorney General, Salem, argued the cause for appellant. With her on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
Ronald E. Cinniger, Portland, argued the cause and filed the brief for respondent.
Before Gillette, Presiding Judge, and Roberts and Campbell, Judges, and Tongue, Judge Pro Tempore.
PER CURIAM
Reversed and remanded for trial.
The state appeals an order made prior to trial dismissing the charging instrument on the ground that the harassment statute, ORS 166.065(1)(a), upon which the charge is based, is unconstitutional. We have twice ruled to the contrary and decline to reconsider our holding now. See State v. Keller, 40 Or. App. 143, 594 P.2d 1250 (1979); State v. Sallinger, 11 Or. App. 592, 504 P.2d 1383 (1972).
Reversed and remanded for trial.