State v. Sells

Review was allowed in this case to consider the same issues raised in State v. Graves, 299 Or 189, 700 P2d 244 (1985). The issues in Graves, and here, are whether an ordinary screwdriver is a burglar’s tool within the meaning of the first degree burglary statute and whether the definition of burglar’s tools incorporated by reference into the first degree burglary statute is impermissibly vague. The Court of Appeals affirmed defendant’s trial court conviction. We reverse and remand to the trial court.

Defendant was indicted for the crime of burglary in the first degree alleged to have been…