STATE v. WARNER

No. 10-82-02595; A25336.

677 P.2d 733 (1984)

67 Or.App. 251

STATE of Oregon, Respondent, v. Forest Dewaine WARNER, Appellant.

Court of Appeals of Oregon.

Decided March 7, 1984.

Reconsideration Denied April 20, 1984.


Attorney(s) appearing for the Case

Robert N. Peters, Staff Atty., Eugene, Public Defender Services of Lane County, Inc., argued the cause and filed the brief for appellant.

Sally Leisure, Sp. Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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


WARDEN, Judge.

Defendant appeals from a conviction under ORS 164.225(1)(a) for burglary in the first degree, asserting that the I-beam signpost which he used to effect entry into a building is not within the statutory definition of "burglar tool" and that his conviction therefore should be reduced to burglary in the second degree. We affirm.

Defendant and an accomplice were caught inside a storage barn by the owner, who detained them until the police arrived...

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