- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 02-16-2022
- Case #: A173537
- Judge(s)/Court Below: Aoyagi, J. for the Court; Tookey, P.J.; & Armstrong, S.J.
- Full Text Opinion
A jury found Defendant guilty of first-degree burglary based on him going into a house to commit theft. Defendant argued he should have been acquitted because there was only enough evidence for unlawful entry. A burglar must have the intent to commit some other crime once they have entered the premises unlawfully. The State failed to prove that defendant entered and remained with intent to commit a crime as well as Defendant not being “licensed or privileged” to be in the house. Defendant was allowed to enter the dwelling; he stole while already in the dwelling. The Defendant did not obtain entry unlawfully and therefore cannot have committed burglary. Reversed on burglary, otherwise affirmed.