The state appeals an order made prior to trial dismissing the charging instrument on the ground that the harassment statute, ORS 166.065(1)(a), upon which the charge is based, is unconstitutional. We have twice ruled to the contrary and decline to reconsider our holding now. See State v. Keller, 40 Or App 143, 594 P2d 1250 (1979); State v. Sallinger, 11 Or App 592, 504 P2d 1383 (1972).

Reversed and remanded for trial.