State v. Illig-Renn

Defendant demurred to a charge of violating ORS 162.247(l)(b). Under that statute, “[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.” The trial court allowed the demurrer, agreeing with defendant’s argument that the statute is unconstitutionally overbroad and vague. We reversed and remanded, relying primarily on State v. Ausmus, 178 Or App 321, 37 P3d 1024 (2001), a case that the Supreme Court had already agreed to review but had not yet decided. State v.…