State v. McKnight

Under ORS 164.215, "A person commits the crime of first-degree burglary if 'the person enters or remains unlawfully in a building with the intent to commit a crime therein.'"

Defendant appealed a conviction for first-degree burglary.  Defendant assigned error to the trial court's denial of his motion of acquittal.  On appeal, Defendant argued that there was not sufficient evidence for a rational factfinder to show (1) that he unlawfully remained in the house, or (2) that he "possessed the requisite intent to commit a crime in the house at the start of any unlawful remaining as required under State v. J.N.S., 258 Or App 310, 318-19, 308 P3d 1112 (2013)."  In response, the State argued that the evidence was sufficient to find that Defendant unlawfully remained in the house, and that evidence to support a finding that Defendant had the intent to commit theft at the start of the trespass was not required because the ruling in J.N.S. was overruled by the Oregon Supreme Court decision in State v. Pipkin, 354 OR 513, 316 P3d 255 (2013).  Under ORS 164.215, "A person commits the crime of first-degree burglary if 'the person enters or remains unlawfully in a building with the intent to commit a crime therein.'"  The Court of Appeals held that the evidence was sufficient to support a finding that Defendant remained unlawfully, but also that the State did not affirmatively demonstrate that Pipkin overruled J.N.S., and declined to overrule J.N.S., thereby concluding that the trial court erred in denying Defendant's motion for acquittal.  Reversed and remanded for entry of judgment of conviction for first-degree criminal trespass and resentencing.