State v. Illig-Renn

*49KISTLER, J.

Defendant was charged by information with “refusing to obey a lawful order by a peace officer.” ORS 162.247(l)(b).1 According to the information, defendant refused “to step down from [a] truck” when ordered to do so. Defendant demurred to the information, arguing that the statutory phrase “lawful order” is overbroad and facially vague. The trial court allowed the demurrer. The state filed a pretrial appeal, arguing that ORS 162.247(l)(b) is neither overbroad nor facially vague. We reverse and remand.

We begin with the state’s argument that ORS 162.247(l)(b) is not overbroad under…