Opinion
No. DA 177721-7909 CA 16683
Argued and submitted May 30, 1980
Reversed and remanded for trial August 18, 1980
Appeal from District Court, Multnomah County.
Aaron Brown, Jr., Judge.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for for appellant. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.
Laura Graser, Portland, argued the cause for respondent. With her on the brief was Stoll Stoll, P.C., Portland.
Before Schwab, Chief Judge, and Thornton and Richardson, Judges.
PER CURIAM.
Reversed and remanded for trial.
The state appeals a pretrial order granting defendant's demurrer and dismissing the complaint charging defendant with harassment, ORS 166.065(1)(a). The demurrer was allowed on the ground that the statute underlying the charge is unconstitutionally vague. We have repeatedly held that ORS 166.065(1)(a) is constitutional. See State v. Sallinger, 11 Or. App. 592, 504 P.2d 1383 (1972); State v. Keller, 45 Or. App. 341, 608 P.2d 215 (1980).
Reversed and remanded for trial.