120747890; A152843.

335 P.3d 846 (2014)

265 Or. App. 506

STATE of Oregon, Plaintiff-Respondent, v. Michael Alan COOK, aka Michael Allen Cook, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 17, 2014.

Attorney(s) appearing for the Case

Rond Chananudech , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Peenesh H. Shah , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.


Defendant appeals a judgment of conviction for possession of a burglary tool — a crime that he was charged with having committed by possessing a burglary tool or theft device "with intent to use it to commit and facilitate a theft by physical taking" in violation of ORS 164.235(1). The tool consisted of multiple spark plugs that had been attached to a handle and "intertwined" in a way that made them suited to breaking car windows. We address a single...

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