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STATE v. JENKINS

C9701-30428; CA A98780.

969 P.2d 1048 (1998)

157 Or. App. 156

STATE of Oregon, Respondent, v. Dawayne Edward JENKINS, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him on the brief was Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, P.J., and HASELTON and WOLLHEIM, JJ.

WOLLHEIM, J.

Defendant appeals his conviction for burglary in the first degree. ORS 164.225. He assigns error to the trial court's denial of his motion for judgment of acquittal based on the insufficiency of the state's evidence. He contends that the area behind a tavern's bar is not a separate building within the tavern and, therefore, a charge of burglary cannot lie. We reverse the judgment of conviction for burglary in...

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