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STATE v. JOHNSON

C90-10-36000; CA A69111.

841 P.2d 643 (1992)

116 Or. App. 252

STATE of Oregon, Respondent, v. Eric Duane JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1992.

Attorney(s) appearing for the Case

Martin W. Reeves, Portland, argued the cause for appellant. With him on the brief was Reeves, Kahn & Eder, Portland.

Diane S. Lefkow, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction in a trial to the court of first degree burglary in a dwelling, ORS 164.225(1),1 and assigns two errors. The first is that the court erred by finding him guilty, because there was insufficient evidence to support the finding. Defendant did not move in the trial court for a judgment of acquittal. The error, if any, was not preserved, and we will not consider it.

Defendant...

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