State v. Boyd

Court of Appeals of Oregon

State v. Boyd

560 P.2d 689, 28 Or. App. 725, 1977 Ore. App. LEXIS 2709

Court of Appeals of Oregon·Decided February 28, 1977·No. No. C 76-06-07814 Cr, CA 7074·Published·Cited by 1 cases

Opinion

PER CURIAM.

ORS 164.135(l)(c) reads:

"(1) A person commits the crime of unauthorized use of a vehicle when:

"(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.”

The trial court held the statute unconstitutionally vague. We find to the contrary. State v. Samter, 4 Or App 349, 479 P2d 237 (1971).

Reversed and remanded.

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PER CURIAM.

ORS 164.135(l)(c) reads:

"(1) A person commits the crime of unauthorized use of a vehicle when:

"(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.”

The trial court held the statute unconstitutionally vague. We find to the contrary. State v. Samter, 4 Or App 349, 479 P2d 237 (1971).

Reversed and remanded.

State v. Boyd, 560 P.2d 689, 28 Or. App. 725, 1977 Ore. App. LEXIS 2709 (Or. Ct. App. 1977).

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Opinion

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