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STATE v. SPROW

A163410.

445 P.3d 351 (2019)

298 Or.App. 44

STATE of Oregon, Plaintiff-Respondent, v. Ned Weckesser SPROW, III, Defendant-Appellant.

Court of Appeals of Oregon.

June 12, 2019.

Attorney(s) appearing for the Case

Stacy Du Clos , Deputy Public Defender, argued the cause for the appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Peenesh Shah , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General.

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

Defendant appeals a judgment reflecting his conviction for first-degree criminal trespass. It is undisputed that defendant entered the residence of his former wife, E, during a sale that was being held there after she moved out, at a time when she still rented the home. The state prosecuted the trespass case on the theory that defendant...

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