State v. Taylor

Under ORS 164.205(2), a “dwelling” is any roofed structure that is mostly enclosed by walls and is regularly or intermittently inhabited by a person who resides in the building at night. Entry into such a building qualifies as entry into a dwelling for purposes of the crime of burglary under ORS 164.225.

Defendant Taylor appealed the trial court’s judgment convicting him of first-degree burglary. At issue on appeal is whether the State proved at trial that Taylor entered into a “dwelling” for the purposes of ORS 164.225 when he entered the mostly-enclosed, roofed “breezeway” that connects the victim’s house and garage. On appeal, Defendant assigned error to the trial court’s determination that the breezeway was in fact part of the dwelling, arguing that because the house is not accessible via the breezeway it is not part of a “dwelling” as defined by ORS 164.205(2). The Court found that the plain meaning of “dwelling” as used in ORS 164.205(2) is “a roofed structure that is more or less completely enclosed by walls and is regularly or intermittently occupied by a person who resides in the structure at night.” For purposes of satisfying the elements of burglary under ORS 164.225, entry into any part of a building that constitutes a dwelling qualifies as entering a dwelling; the term is not limited merely to the sleeping quarters of a building. Because the victim’s breezeway was mostly enclosed by walls and shared a roof with the garage and house, the Court held that a factfinder could reasonably conclude entering the breezeway qualified as entering a dwelling for the purposes of first-degree burglary. Affirmed.