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STATE v. COLLINS

No. 82-355C; CA A27870.

680 P.2d 713 (1984)

68 Or.App. 101

STATE of Oregon, Respondent, v. John COLLINS, Appellant.

Court of Appeals of Oregon.

Decided May 9, 1984.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for criminal mistreatment in the first degree. He argues that the statute upon which his conviction is based is unconstitutionally vague. We affirm.

Defendant was indicted for violation of ORS 163.205, which provides in pertinent part:

"(1) A person commits the crime of criminal mistreatment in the first degree if: "* * * "(b) The person, having assumed the permanent...

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