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STATE v. HOWELL

C983933CR; A106908

51 P.3d 706 (2002)

183 Or.App. 360

STATE of Oregon, Respondent, v. David Joe HOWELL, Appellant.

Court of Appeals of Oregon.

Decided August 14, 2002.

Attorney(s) appearing for the Case

Robin A. Jones, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Thomas C. Patton, Assistant Attorney General.

Before LANDAU, Presiding Judge, and BREWER, Judge, and COLLINS, Judge pro tempore.

COLLINS, J. Pro Tempore.

Defendant, in a bench trial, was convicted of burglary in the first degree, ORS 164.225, theft in the first degree, ORS 164.055, and criminal mischief in the first degree, ORS 164.365, arising out of a break-in that occurred on or about November 1, 1998. He was also convicted of burglary in the first degree, theft in the first degree, and unauthorized use of a vehicle, ORS 164.135, arising out of a...

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