STATE v. MACON

CR0300695; A142646.

278 P.3d 29 (2012)

249 Or. App. 260

STATE of Oregon, Plaintiff-Respondent, v. Wyman Lee MACON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 11, 2012.


Attorney(s) appearing for the Case

Susan F. Drake , Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Erika L. Hadlock , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


WOLLHEIM, J.

Defendant appeals a judgment of conviction for burglary in the second degree, ORS 164.215, based on his theft of a lockbox containing checks, receipts, and cash from a toy store storage room. Defendant assigns error to the trial court's denial of his motion for judgment of acquittal, asserting that the state failed to prove that defendant entered or remained unlawfully in a building within the meaning of ORS 164.205. We affirm.

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