Citation Codes Equivalent Citations citation codes Docket Number No. C 76-06-07814 Cr, CA 7074 Attorney(S) Melinda L. Bruce, Assistant Attorney General, Salem, argued the cause for appellant. With her on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem. Jeffrey S. Mutnick, Portland, argued the cause and filed the brief for respondent. See more information ... Smart Summary Please sign up to generate summary. STATE OF OREGON, Appellant, v. JAMES LEE BOYD, Respondent. PER CURIAM. Reversed and remanded. PER CURIAM. ORS 164.135(1)(c) reads: "(1) A person commits the crime of unauthorized use of a vehicle when: "(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, he knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement." The trial court held the statute unconstitutionally vague. We find to the contrary. State v. Samter, 4 Or. App. 349, 479 P.2d 237 (1971). Reversed and remanded.