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STATE v. OCEAN

546 P.2d 150 (1976)

STATE of Oregon, Respondent, v. Alden Wilbur OCEAN, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1976.

Attorney(s) appearing for the Case

Jeffrey Langston Rogers of Metropolitan Public Defender, Portland, argued the cause and filed the brief for appellant.

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 LANGTRY and FORT, JJ.

FORT, Judge.

Defendant was charged with burglary in the second degree by Information of District Attorney, which alleged he "did knowingly and unlawfully enter a building located at 5253 Southeast 82nd Avenue, with the intent to commit the crime of theft therein * * *." Defendant waived a jury trial and was convicted by the court. He appeals, contending that ORS 164.215, the second degree burglary statute, does not apply to the actions for which he was convicted....

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