STATE v. CARDEN

No. 21-362; CA A23858.

650 P.2d 97 (1982)

58 Or.App. 655

STATE of Oregon, Respondent, v. Allen Isaac CARDEN, Appellant.

Court of Appeals of Oregon.

Decided August 25, 1982.

Reconsideration Denied September 29, 1982.

Review Denied October 19, 1982.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James E. Mountain, Jr., Deputy Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Sheryl D. Schneider, Certified Law Clerk, Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

Defendant appeals his conviction for burglary in the first degree. ORS 164.225. He argues that the court erred by admitting testimony concerning two prior burglary convictions and by giving an instruction that allowed the jury to infer an intent to steal from a finding of defendant's unlawful entry. We affirm.

On November 18, 1981, defendant was discovered in the home of his next-door neighbor, George Sorenson, by two of Sorenson...

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