Opinion
TC 10-80-07972, CA A20052, SC 28433
Submitted on briefs February 11, 1982.
Reversed and remanded August 3, 1982.
On review from the Court of Appeals.
Appeal from Circuit Court, Lane County, James R. Hargreaves, Judge. 55 Or. App. 519, 638 2d 1173 (1981).
Robert J. Larson, Eugene, filed petition for review on behalf of Petitioner on review. With him on the petition was Andrew Stephen Paige.
J. Pat Horton, District Attorney for Lane County, Eugene, filed brief in the Court of Appeals. With him on the brief was Darryl L. Larson, Assistant District Attorney, Eugene.
PER CURIAM
Decision of Court of Appeals is reversed. Remanded to circuit court for entry of judgment.
Defendant was indicted under ORS 163.275 (1)(e), which defines one form of the crime of "coercion." The trial court sustained defendant's demurrer to the indictment on constitutional grounds, and the state appealed. The Court of Appeals reversed, 55 Or. App. 519, 638 P.2d 1173 (1981).
Having previously allowed review in the companion cases State v. Robertson and State v. Young, we held defendant's petition for review in abeyance pending decision in those cases. Today we sustain the defendants' constitutional claim in Robertson and Young and remand those cases to the circuit court for entry of judgment on the order allowing the demurrers. State v. Robertson/Young, 293 Or. 402, 649 P.2d 569 (1982). Accordingly, we now allow this defendant's petition for review, reverse the decision of the Court of Appeals, and similarly remand this case for entry of judgment on the order allowing defendant's demurrer.
Reversed and remanded to the circuit court for entry of judgment.