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STATE v. POIERIER

242 Or. 384 (1966)

409 P.2d 680

STATE OF OREGON v. POIERIER

Supreme Court of Oregon.

Affirmed January 12, 1966.

Attorney(s) appearing for the Case

Adelbert G. Clostermann, Portland, argued the cause and filed a brief for appellant.

George M. Joseph, Deputy District Attorney, Portland, argued the cause for respondent. On the brief were George Van Hoomissen, District Attorney, and John D. Burns, Deputy District Attorney, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

PER CURIAM.

Defendant was sentenced as an habitual criminal under ORS 168.085. He appeals, contending that the statute is unconstitutional because it does not distinguish between convictions for felonies which involve danger to the person and felonies which involve no particular danger to a victim.

The proof was that the defendant formerly had been convicted in Oregon of at least two nondangerous...

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