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STATE v. COLE

A159228.

415 P.3d 73 (2018)

290 Or.App. 553

STATE of Oregon, Plaintiff-Respondent, v. Darnel COLE, Defendant-Appellant.

Court of Appeals of Oregon.

February 28, 2018.

Attorney(s) appearing for the Case

Laura A. Frikert , Deputy Public Defender, argued the cause for appellant. With her on the opening brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services. Darnel Cole filed the supplemental brief pro se.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeHoog, Presiding Judge, and Hadlock, Judge, and Powers, Judge.

Defendant appeals from a judgment of conviction for burglary in the first degree, ORS 164.225, assigning error to the denial of his motion for a judgment of acquittal.1 The state proceeded at trial on the theory that defendant unlawfully entered the apartment of his former girlfriend "with the intent to commit...

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