State v. Angelo

Defendant appeals a judgment of conviction for first-degree burglary of an occupied dwelling, ORS 164.225 (1).1 In his first assignment of error, defendant contends that the trial court erred in denying his motion for judgment of acquittal, asserting that the state failed to prove that he entered or remained unlawfully in a building within the meaning of ORS 164.205(3)(a).2 The state argues that defendant exceeded the scope of the spatial limitation on his license to be in the building, which, in the state’s view, is sufficient to render his presence unlawful. For the reasons set forth below,…