State v. Gordon

Under ORS 164.215(1) a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime. “Enter and remain unlawfully” means to enter the premises when the premises are not open to the public and when entrant is not licensed or privileged to do so, ORS 164.205(3)(a).

Defendant appealed the trial court's denial of his motion for judgment of acquittal on the second degree burglary charge. Under ORS 164.215(1) a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime. “Enter and remain unlawfully” means to enter the premises when the premises are not open to the public and when entrant is not licensed or privileged to do so, ORS 164.205(3)(a). The commission of a crime does not convert a lawful entry into an unlawful remaining. In this case Defendant was licensed to be in the victim’s office. Defendant’s invasion of personal privacy crime did not covert Defendant’s lawful entry into unlawful remaining. Convicted for second-degree burglary reversed; remanded for resentencing; otherwise affirmed.