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STATE v. KIMBLE/BERKNER

210727810B; A139159 (Control); 210727810A; A139514.

237 P.3d 871 (2010)

236 Or. App. 613

STATE of Oregon, Plaintiff-Respondent, v. Ronald R. KIMBLE, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Roy William BERKNER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Neil F. Byl, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellants.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and EDMONDS, Senior Judge.

EDMONDS, S.J.

Defendants appeal convictions for hunting on the enclosed land of another, ORS 498.120, and aiding or sharing in a wildlife violation, ORS 496.695.1 On appeal, they argue that the land on which they were hunting was not "enclosed" land for purposes of ORS 498.120, and, in the alternative, that the statute is unconstitutionally vague as applied to them under the Due Process Clause of the Fourteenth Amendment to the United...

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