IN RE J.N.S.

Nos. J13282; 00406528; A147805.

308 P.3d 1112 (2013)

258 Or. App. 310

In the Matter of J.N.S., a Youth. State of Oregon, Petitioner-Respondent, v. J.N.S., Appellant.

Court of Appeals of Oregon.

Decided August 28, 2013.


Attorney(s) appearing for the Case

Christa Obold-Eshleman argued the cause and filed the briefs for appellant.

Shannon T. Reel , Assistant Attorney General, argued the cause for respondent. With her on the briefs were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

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


DUNCAN, J.

Youth appeals the juvenile court's delinquency judgment. For the reasons explained below, we conclude that the state failed to present sufficient evidence to support a conclusion that youth engaged in conduct that, if committed by an adult, would constitute burglary in the second degree, ORS 164.215, and that the juvenile court did not correctly apply the definition of destructive device in analyzing whether youth engaged in conduct that, if committed by...

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