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STATE v. DAVIS

201007807; A146400.

323 P.3d 276 (2014)

261 Or. App. 38

STATE of Oregon, Plaintiff-Respondent, v. Nathan Gene DAVIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.

Attorney(s) appearing for the Case

Andrew D. Robinson , Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan , Chief Defender, and Louis R. Miles , Deputy Public Defender, Office of Public Defense Services.

Jona Jolyne Maukonen , Assistant Attorney General, argued the cause for respondent. On the brief was John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Shannon T. Reel , Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

Defendant appeals a judgment of conviction for three counts of second-degree burglary, ORS 164.215, and one count of identity theft, ORS 165.800. Defendant challenges two of his convictions for second-degree burglary (Counts 3 and 5), arguing that the trial court improperly denied his motion for judgment of acquittal (MJOA) on those counts, because the evidence for each count was insufficient to show that he "unlawfully entered" a "building," as defined...

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