State v. Whitford

Defendant seeks reversal of his conviction for failure to appear in the first degree, ORS 162.205, contending that the charging statute is unconstitutionally vague.1 Because his behavior was unquestionably within the prohibited conduct of the statute, we hold that defendant is precluded from challenging the constitutionality of the statute, as applied to him, on vagueness grounds. Accordingly, we affirm.2

ORS 162.205 provides:

“(1) A person commits the crime of failure to appear in the first degree if, having by court order been released from custody or a correctional facility upon a release…