State ex rel. Juvenille Department v. McFarland

The child appeals from a trial court judgment finding him to be within the jurisdiction of the juvenile court. ORS 419.476(1)(a).1 The court concluded that he had committed burglary, ORS 164.225(1),2 an act which, if done by an adult, would constitute a crime. He contends that the state did not prove all of the elements of the petition beyond a reasonable doubt. ORS 419.500(1).3 We review de novo, ORS 419.561(4); State ex relJuv. Dept. v. Knaak, 70 Or App 172, 173, 688 P2d 123 (1984), and reverse.

The state’s petition alleges:

“[The child] has done an act which is a violation of ORS 164.225…