Opinion
No. C 76-06-07814 Cr, CA 7074
Argued February 24, 1977.
Reversed and remanded February 28, 1977.
Appeal from Circuit Court, Multnomah County, James R. Ellis, Judge.
Melinda L. Bruce, Assistant Attorney General, Salem, argued the cause for appellant. With her on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Jeffrey S. Mutnick, Portland, argued the cause and filed the brief for respondent.
Before Schwab, Chief Judge, and Tanzer and Richardson, Judges.
PER CURIAM.
Reversed and remanded.
ORS 164.135(1)(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 P.2d 237 (1971).
Reversed and remanded.