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STATE v. EATON

No. 18-602; CA 13072.

602 P.2d 1159 (1979)

43 Or.App. 469

STATE of Oregon, Respondent, v. George Michael EATON, Appellant.

Court of Appeals of Oregon.

Decided November 26, 1979.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant appeals from his conviction, after trial by jury, of burglary in the first degree, ORS 164.225. The sole question on appeal is whether the building which he entered unlawfully is a "dwelling" within the meaning of ORS 164.205(2).1 We hold that it is not and reverse and remand for entry of conviction of burglary in the second degree.

The information of the district attorney charged defendant with unlawfully...

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