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STATE v. DAVIS

A158964.

385 P.3d 1245 (2016)

281 Or.App. 855

STATE of Oregon, Plaintiff-Respondent, v. Lonie Charles DAVIS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

October 26, 2016.

Attorney(s) appearing for the Case

Laura A. Frikert, Deputy Public Defender, argued the cause for appellant. With her on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Cecil A. Reniche-Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

SHORR, J.

Defendant appeals from a judgment of conviction for multiple crimes, including burglary in the first degree, ORS 164.225 (Count 1). Defendant assigns error only to the trial court's denial of his motion for judgment of acquittal on Count 1. That count charged defendant with committing first-degree burglary by unlawfully entering and remaining in a dwelling with the intent to commit criminal mischief. "Dwelling" is a statutorily defined...

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