State v. Keller

STATE of Oregon, Appellant, v. Frank D. KELLER, Respondent.

Court of Appeals of Oregon

Argued and Submitted March 10, 1980.

Decided March 24, 1980.

Court of Appeals of Oregon · decided 1980-03-24

Applies OR 166 § 166.065

Relies on 40 Or. App. 143 - State v. Keller · 11 Or. App. 592 - State v. Sallinger · State v. Keller

Decided 1980-03-24

¶1 *216 Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

¶2Ronald E. Cinniger, Portland, argued the cause and filed the brief for respondent.

¶3Before GILLETTE, P.J., ROBERTS and CAMPBELL, JJ., and TONGUE, J. Pro Tem.

¶4PER CURIAM.

¶5The 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).

¶6Reversed and remanded for trial.