McNutt v. State

Petitioner pleaded guilty in district court to the offense of removal of material from the bed of a stream contrary to the conditions of a permit. ORS 541.615(1).1 Imposition of sentence was suspended, and he was placed on probation for two years. As a condition of probation, defendant was ordered to pay a $1,000 fine. Instead of taking a direct appeal, petitioner sought post-conviction relief, contending that (1) ORS 541.615(1) is unconstitutionally vague under the Equal Protection and Due Process Clauses of the state and federal constitutions, and (2) the sentence imposed was in excess of…