STATE v. MAXWELL

031034988; A126049.

159 P.3d 1255 (2007)

213 Or. App. 162

STATE of Oregon, Plaintiff-Respondent, v. Dayshawndo Jilten MAXWELL, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 30, 2007.


Attorney(s) appearing for the Case

David J. Celuch argued the cause and filed the brief for appellant.

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


ARMSTRONG, J.

Defendant was convicted, after a trial to the court, of two counts of felony assault in the fourth degree, ORS 163.160, and one count of burglary in the first degree, ORS 164.225. Defendant appeals, challenging only the burglary conviction. He contends that the evidence was insufficient to establish that he unlawfully entered and remained on the victim's premises. Viewing the evidence in the light most favorable to the state, we determine whether any...

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