State v. Hinton

Defendant appeals his conviction for criminal trespass with a firearm under ORS 164.265, which the state prosecuted as a violation.1 The sole issue on appeal is whether the trial court correctly denied defendant’s motion for a judgment of acquittal made on the ground that the state failed to prove that the private property on which defendant entered and remained was not open to the public. We affirm.

For the most part, the pertinent facts are not disputed. To the extent the evidence conflicts, we view the record in the light most favorable to the state, giving the state the benefit of all…