STATE v. PEÑA

99100-114C3; A110131.

51 P.3d 646 (2002)

183 Or.App. 211

STATE of Oregon, Respondent, v. Julio Mike PEÑA, Appellant.

Court of Appeals of Oregon.

Decided August 7, 2002.


Attorney(s) appearing for the Case

Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, State Public Defender.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

Defendant was convicted of first-degree burglary and third-degree assault. On appeal, he argues that the trial court should have granted his motion for judgment of acquittal on the burglary charge because he could not have committed a burglary in his own home. We agree and reverse the judgment in part.

Because this appeal arises from the denial of defendant's motion for a judgment of acquittal, we set out the facts in the light most favorable to...

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