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STATE v. MAY

10P3205; A147242.

306 P.3d 759 (2013)

257 Or. App. 375

STATE of Oregon, Plaintiff-Respondent, v. Eugene James MAY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 3, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Marc D. Brown , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Following a bench trial, defendant was convicted of burglary in the first degree, ORS 164.225, theft in the first degree, ORS 164.055, and two counts of criminal mischief in the second degree, ORS 164.354. Those charges stemmed from a burglary of a storage facility during which items were stolen and the facility was damaged. On appeal, defendant argues that the state presented insufficient evidence to show that he was present "at the scene of the burglary...

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