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STATE v. ETZEL

12010200; A151425.

333 P.3d 1147 (2014)

264 Or. App. 732

STATE of Oregon, Plaintiff-Respondent, v. Daniel Carlyon ETZEL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 13, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Lindsey K. Detweiler , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Shannon T. Reel, Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DEVORE, Judge, and GARRETT, Judge.

GARRETT, J.

Defendant was convicted of one count of burglary in the second degree, ORS 164.215, after he walked through the unlocked front door of the Albany Tennis Club (the club) and stole items from a purse that had been left in the women's locker room. On appeal, defendant makes two assignments of error. First, he argues that the trial court erroneously denied his motion for a judgment of acquittal because the state failed to prove that the club was "not open...

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