State v. NERETIN

Defendant was charged with violating, among other things, ORS 162.247(l)(b), 1 which provides that “[a] person commits the crime of interfering with a peace officer * * * if the person, knowing that another person is a peace officer * * * [r]efuses to obey a lawful order by the peace officer.” Before trial, defendant filed a demurrer that asserted that the statute, on its face, is unconstitutionally overbroad and vague under various state and federal constitutional provisions. The trial court disallowed the demurrer, and defendant subsequently was convicted. Before sentencing, defendant filed…