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STATE v. SPENCER

545 P.2d 611 (1976)

STATE of Oregon, Respondent, v. Rollin Lee SPENCER, Appellant.

Court of Appeals of Oregon.

Decided February 9, 1976.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of burglary in the first degree in violation of ORS 164.225. The facts are not in dispute. Defendant admitted boarding the fishing vessel, Advance, with a friend at 4:30 a.m. They pushed the window in, unlocked the door, started the engine, took off with the boat and ran aground. They could not get the Advance off the sandbar so they launched a skiff over the side and rowed to the dock.

Burglary in...

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