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STATE v. COLLINS

9906-45661; A108615

39 P.3d 925 (2002)

179 Or. App. 384

STATE of Oregon, Respondent, v. Lawrence D. COLLINS, aka Bernard Dean Mills, Appellant.

Court of Appeals of Oregon.

Decided February 6, 2002.

Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Oregon Public Defender.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

Defendant appeals from his conviction for criminal trespass in the second degree, ORS 164.245, based on his alleged violation of a Drug Free Zone (DFZ) exclusion order. We conclude that defendant's conduct, as proved at trial, did not constitute criminal trespass in that defendant did not "enter or remain unlawfully" in or upon premises within the meaning of ORS 164.205(3)(a) or (b). Consequently, we reverse defendant's conviction.

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