State v. Spencer

Defendant was convicted of burglary in the first degree in violation of ORS 164.225. The facts are not in dispute. Defendant admitted boarding the fishing vessel, Aduan.ce, with a friend at 4:30 a.m. They pushed the window in, unlocked the door, started the engine, took off with the boat and ran aground. They could not get the Advance off the sandbar so they launched a skiff over the side and rowed to the dock.

Burglary in the first degree is defined under ORS 164.225 as follows:

"(1) A person commits the crime of burglary in the first degree if he violates ORS 164.215 and the building is a…