Affirmed. State v. Ray, 79 Or App 529, 719 P2d 922 (1986).

dissenting.

I respectfully dissent for the reasons stated in my dissenting opinion in State v. Henry, 78 Or App 392, 717 P2d 189 (1986). It is improper for this court to declare ORS 166.065(1)(e) unconstitutional on vagueness grounds without first considering defendant’s appeal under Article I, section 8, of the Oregon Constitution. See State v. Robertson, 293 Or 402, 414, 649 P2d 569 (1982).