State v. Smith

388 Submitted October 19, 2020, affirmed April 27, 2022 STATE OF OREGON, Plaintiff-Respondent, v. SCOTT WAYNE SMITH, Defendant-Appellant. Multnomah County Circuit Court 18CR53923; A170791

510 P3d 217

Defendant appeals from a judgment of conviction for second-degree intim- idation. On appeal, he argues that the trial court erred in denying his demur- rer, in which he asserted that the second-degree intimidation statute, ORS 166.155(1)(c)(A), violated Article I, section 8, of the Oregon Constitution and the First Amendment to the United States Constitution. Held: The Court of Appeals analyzed…